Litigation

Litigation

The litigation team at Paul Frank + Collins assists clients through their most difficult legal challenges and provides superior guidance, strategy, and a commitment to the best possible outcome.

For more than four decades, the litigation team at Paul Frank + Collins has been a powerful and trusted partner to clients confronting the uncertainties of litigation. Our attorneys have built considerable reputations among the bench and the bar as providers of sound, diligent representation in nearly every type of civil matter.

At Paul Frank + Collins, we appreciate that clients need to know and understand the spectrum of available options and the consequences of each - from alternative dispute resolution and settlement to trial and appellate practice.  Our litigation experience means that whatever issues a client may face, we’ve overcome it before.

Within our litigation practice, we have several areas in which our experience runs particularly deep. Please take a moment to explore these areas and some representative successes in each.

View our Litigation  team of attorneys.

Paul Frank + Collins P.C. represents clients in domestic and international business disputes in state and federal courts and arbitration proceedings throughout the United States, with particular emphasis on business-related litigation and the defense of personal injury and product liability claims. We provide regional and local litigation counsel for a number of national companies and handle a wide variety of cases for other clients with unique litigation needs.

These cases often involve allegations of improper conduct in business transactions, including fraud, negligent misrepresentation, interferences with contractual or economic relations, and bad faith and unfair dealing. The firm has represented clients in litigation involving claims under special statutes such as federal and state consumer protection laws and laws relating to unfair trade practices.

Our lawyers also handle numerous cases involving commercial contracts in a wide range of areas such as the purchase and sale of businesses, utility contracts, contracts for the sale or development of intellectual property, construction contracts, and partnership disputes. We are experienced in litigating all types of cases under the Uniform Commercial Code, including contracts for the sale of goods, security interests, loan transactions, banking, procedures and investment.

Commercial + Business Disputes Attorneys:


Robert G. Cain
Director

Robert S. DiPalma
Director

Matthew A. Ferrigno
Associate

Mark G. Hall
Director

Kristina M. Roomet
Associate

John T. Sartore
Director
 
Paul Frank + Collins represents employers in a variety of settings and has litigated employment lawsuits in both federal and state courts as well as through arbitration proceedings. The firm regularly represents employers in state and federal administrative proceedings including those related to employment discrimination, wrongful termination, workers' compensation, immigration, unemployment compensation, occupational safety and health, Family Medical Leave, and wage and hour.

Paul Frank + Collins has been successful with litigation cases ranging from age discrimination to immigration applications, employee benefits disputes and enforcement of confidentiality and non-compete agreements. The firm's lawyers are skilled negotiators and routinely utilize alternative dispute resolution methods such as early neutral evaluation, mediation and arbitration. In today's climate of dramatically increased employee claims, we feel that it is critical for our practice to also emphasize preventive measures such as prospective advice, proper development of contracts, forms, policies and procedures, training and legal updates. We offer a range of services, both before and after problems arise.

Employment Attorneys:


John T. Sartore
Director

David M. Pocius
Director
 
The Paul Frank + Collins insurance litigation practice covers traditional insurance line claims, claims against and between insurers, and risk management services.

In our traditional  insurance line practice, we  routinely handle the following case: general negligence, injury and wrongful death, including automobile liability; premises liability; air crash disasters; construction accidents; school liability claims; municipal liability (police, fire and highways); product liability (including strict liability); liquor liability; fire loss and property damage; medical malpractice; other professional malpractice; director and officer liability; E &O; and environmental claims including, toxic torts and CERCLA claims. In our practice against and between insurers, we primarily defend insureds against third-party claims. We routinely handle complex coverage disputes, bad faith claims, defense against fraud and inflated claims, indemnification agreements, reinsurance agreements, and excess coverage claims.

Paul Frank + Collins also has significant risk management experience overseeing and coordinating multi-state claims and litigation matters. Depending upon a client's needs, we offer direct oversight of multi-state claims; responsibility for retaining local counsel to defend claims, along with oversight of local counsel and complete, thorough reporting to the client; actual defense of multi-state litigation; assimilation and distribution of important legal decisions, expert witness information, and defense resources between multiple cases in different jurisdictions; and risk management analysis and advice designed to identify a client's potential exposures and assess them against current legal trends and existing law.

Insurance Attorneys:


S. Crocker Bennett, II
President

Nolan C. Burkhouse
Director

Robert G. Cain
Director

Matthew A. Ferrigno
Associate

Matthew E.C. Pifer
Director

William D. Riley
Director

Stephen J. Soule
Director
 
Defining and protecting your innovation and creativity is increasingly difficult and complex. At Paul Frank + Collins P.C., we understand the new challenges in Intellectual Property protection and can provide litigation solutions in addition to support from our transactional team. Our attorneys work with clients to manage and protect their Intellectual Property portfolios and property, including non-compete agreements, technology licensing, trademark, service mark, trade dress infringement, dilution, unfair competition, counterfeiting, and unfair advertising cases.

In addition to our litigation services, Paul Frank + Collins P.C. also assists clients with their Intellectual Property needs in the context of new business formation, mergers and acquisitions, joint ventures, due diligence, technology transfers, licensing agreements, asset-based financing, licenses and agreements, employment agreements, higher education, e-commerce, and trademark and copyright registration.

Intellectual Property Attorneys:


Robert S. DiPalma
Director

Stephanie J. Mapes
Director

John T. Sartore
Director

Stephen J. Soule
Director
 
Successful alternative dispute resolution (ADR) requires an arbitrator or mediator with sufficient expertise and ability to assess both sides of a dispute in a fair and reasoned manner. 

Mediation and Early Neutral Evaluation (ENE):
A successful mediation can resolve conflicts in a matter of hours rather than tens or hundreds of hours of litigation. Mediation is confidential and puts the parties in control of resolving their dispute in contrast to a public courtroom where mandates are issued by judges and juries.

Arbitration:
Commercial disputes are commonly resolved outside the courts through arbitration. Arbitration can be binding or non-binding and is often cheaper and faster than litigation. Conflicts with highly technical subject matter are often suitable for arbitration. 

Mediation + Arbitration Attorneys:


Robert G. Cain
Director

Mark G. Hall
Director

John T. Sartore
Director
 
Experience, skill and resources make the difference at Paul Frank + Collins.  Our lawyers have tried personal injury and wrongful death cases for both plaintiffs and defendants in virtually every courtroom in Vermont.  Our litigation success has been unparalleled when representing defendants, and when working for the plaintiff, we consistently obtain some of the highest court awards in the state’s history.

We have the resources needed to handle these difficult and sensitive cases as quickly and efficiently as possible.  We maintain proprietary computer databases that allow instant access to information on expert witnesses, Vermont jury verdicts, and trial memoranda.  When background investigation is necessary, as it almost always is, our large team of highly experienced paralegals can rapidly compile critical information through interviews in the field, access to other databases and from the Internet.  We also maintain a standing relationship with several private investigation firms. 

We offer free initial consultations as well as contingent fee agreements for most prospective plaintiffs.  When we take a case on a contingency fee basis, we receive no fee unless we are successful in obtaining a monetary award for our client.

Personal Injury + Wrongful Death Attorneys:


Andrew Beerworth
Associate

Robert G. Cain
Director

Mark G. Hall
Director

David M. Pocius
Director

Kristina M. Roomet
Associate

John T. Sartore
Director

Stephen J. Soule
Director
 
Paul Frank + Collins has earned a region-wide reputation for aggressive, results-oriented litigation involving professional liability. With years of litigation and trial experience, we are counsel of choice in the defense of claims for professional negligence brought against insurance brokers and agents. We are well known in the defense of educators in liability litigation. Our experience in construction litigation has brought us to the forefront of litigation both in the defense of and against design professionals such as architects and engineers.

Professional + Fiduciary Liability Attorneys:


Robert S. DiPalma
Director

Kristina M. Roomet
Associate

John T. Sartore
Director

Stephen J. Soule
Director
 
Paul Frank + Collins has a long established trial practice defending physicians, practice groups, hospitals and other health care providers in malpractice claims and suits. The members of the team enjoy a state-wide litigation practice and have successfully defended cases in virtually every Superior Court in Vermont as well as the U.S. District Court for the District of Vermont and the federal and state courts of New York.

The health care team has extensive experience in representing providers before state professional licensing boards and hospital credentialing boards. The team also represents health care providers in credentialing disputes.

 

Professional Malpractice Defense Attorneys:


S. Crocker Bennett, II
President

David M. Pocius
Director

John T. Sartore
Director

Stephen J. Soule
Director
 

Paul Frank + Collins P.C.'s Property and Development practice group dedicates nearly half of its resources to support a highly trained and experienced litigation subgroup for land and construction related disputes.  Whether handling contentious permitting, defending an environmental enforcement dispute, resolving a boundary dispute for a title company, or litigating a construction matter under the AIA form contracts, Paul, Frank + Collins P.C. employs professionals dedicated to advancing their clients' interest.  Local educational institutions, national retailers and wholesalers, alternative energy providers, developers, or top-echelon telecommunications providers utilize Paul Frank + Collins P.C. to accomplish their goals in the often difficult legal environment of Vermont.

Property, Construction + Development Attorneys:


Robert S. DiPalma
Director

Mark G. Hall
Director

David M. Pocius
Director

Kristina M. Roomet
Associate
 
The litigation attorneys at Paul Frank + Collins offer a complete solution for clients confronted with virtually any type of negligent conduct. The litigation team has vast experience with small discreet matters to large, novel, or complicated legal problems. The highly experienced team has successfully resolved cases for both plaintiffs and defendants in the areas of product liability, premises liability, asbestos injury and abatement, motor vehicle law, trucking law, civil arson, dram shop liability, industrial activities, toxic torts, and improper conduct in business transactions, including fraud, negligent misrepresentation, interferences with contractual or economic relations, bad faith, and unfair dealing, among others.

Tort Liability Attorneys:


Andrew Beerworth
Associate

Robert G. Cain
Director

Robert S. DiPalma
Director

David M. Pocius
Director

Kristina M. Roomet
Associate

John T. Sartore
Director

Stephen J. Soule
Director
 
Paul Frank + Collins represents insurers, employers and employees in workers' compensation proceedings before the Department of Labor, the Superior Courts and the Vermont Supreme Court.  In the fluid, multifaceted and ever-changing world of workers' compensation, we believe it is essential to develop and implement the most effective claim resolution and litigation strategies at an early juncture.  With over 40 years of knowledge and experience in the field, we handle cases that involve a constellation of contested issues involving causation, indemnity benefits, permanent disability benefits, medical benefits, and vocational rehabilitation benefits.  Our workers' compensation practice group understands that successful representation means obtaining favorable results for our clients without subjecting them to unnecessary, protracted litigation.  Whether we are representing insurers, employers or employees, we will bring to the table determination, diligence, and a depth of resources that are commensurate with the scope and complexity of each case.

Workers' Compensation Attorneys:   

Andrew Beerworth
Associate

Robert G. Cain
Director
 
The litigation team at Paul Frank + Collins regularly serves as local counsel for firms and corporations from all over the country. Paul Frank + Collins' litigation attorneys have a comprehensive knowledge of Vermont law, an understanding of the vagaries and idiosyncrasies of Vermont practice and procedure, and knowledge about the prevailing attitudes and characteristics of Vermont state and federal court practice. Additionally, Paul Frank + Collins has a regional breadth, with active litigation practices in New York State, Massachusetts, New Hampshire, and beyond.

Paul Frank + Collins' litigation attorneys are ready to assist lead counsel at any level the case requires. As local counsel, we maintain the highest standards of integrity and sensitivity toward the relationship between the client and lead counsel.

Located in the heart of Burlington, Vermont, the firm is ideally situated to serve as a local base of operations for outside counsel. We are a one-minute walk to the federal court building and a three-minute walk to the state court building in Vermont’s largest city. Visiting attorneys will enjoy ample workspace and comfort in our historic downtown building and find that we possess the technological and intellectual resources of national firms to accommodate cases of any size or scope.

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Latest News:


February, 2012
- Paul Frank + Collins Welcomes Allen D. Webster

January, 2012 - David M. Pocius and Peter J. McDougall Become Directors at Paul Frank + Collins

January, 2012 - Seven PF+C Attorneys Selected for Best Lawyers® 2012

December, 2011 - Douglas W. Stahl Joins Paul Frank + Collins as Chief Operating Officer

December, 2011 - PF+C Employees Whoop it up for a Good Cause

November, 2011 - Five PF+C Attorneys Selected for New England Super Lawyers 2011

October, 2011 - S. Crocker Bennett Appointed Vermont State Chair for the American College of Trial Lawyers

September, 2011 - Employment + Labor Lawyer Kerin Stackpole Joins PF+C

September, 2011 - Financial Centres International Publishes Peter McDougall's Captive Insurance Article

August, 2011 - PF+C: Lawyers and Educators at VCIA Conference

July, 2011 - Mark Hall Participates in Environmental Focus Group

July, 2011 - Andrew Beerworth's Article Published in Vermont Law Review

June, 2011 - PF+C Celebrates 30 Years in Captive Insurance


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