W. E. "Ned" Whittington
Reported Cases and Miscellaneous
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Field v. Mans, 133 L.Ed.2d 351, 116 S.Ct. 437
(U.S. Supreme Court 1995). On
behalf of bankruptcy debtor, successfully argued in U.S. Supreme Court for
"justifiable reliance" requirement in order for creditor to overcome
general discharge policy of the Bankruptcy Code.
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Ostler v. The Codman Research Group, Inc.,
98-cv-356; -- F. Supp. 2d -- (D.N.H. 1999). Successfully
argued that in a 10b-5 securities fraud case the
purchaser-seller requirement is met by option-holder.
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Galloway v. Chicago-Soft, Ltd., 142 N.H. 752
(N.H. 1998). Wage claim appeal.
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Field v. Mans, 157 F. 3d 35 (1st
Cir. 1998). After remand from U.S. Supreme Court, dealt
with "law of case" issues.
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Field v. Mans, 210 B.R. 1 (B.A.P.
1st Cir. 1997). At Bankruptcy Appellate Panel,
addressed new reliance standards.
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McKeown v. Dartmouth Bookstore,
Inc., 975 F. Supp. 403 (D.N.H. 1997). Discrimination
case.
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Banker v. Nighswander Martin &
Mitchell, 37 F. 3d 866 (2d Cir. 1994). Lawyer
malpractice case. On behalf of plaintiff, obtained
plaintiff's verdict. After remand, award was increased
to $416,000 (plus interest); affirmed on second appeal
and collected in full.
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Phillips v. Verax Corp., 138 N.H.
240, 637 A. 2d 906 (1994). Obtained a $534,000 jury
verdict ($900,000 with interest) for plaintiff in
business fraud case; reduced by court to $359,000;
affirmed on appeal and collected in full.
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Weale v.
Lund,
649 A. 2d 247 (Vt. 1994). Obtained plaintiff's judgment of
$80,000 in commercial case, affirmed in Vermont Supreme
Court.
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Nordica v. Deloitte &
Touche, 839 F. Supp. 1082 (D.Vt. 1993).
Defended accountant malpractice claims on
behalf of defendant Deloitte & Touche.
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Gannon v. Quechee Lakes
Corp., 162 Vt. 465, 648 A. 2d 1378 (Vt. 1994).
Obtained
reversal (case handled by other counsel in trial court)
in appeal relating to developer/property owner
association dispute in
Vermont's largest resort
community (1,800 members).
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Budzius v. Robert Bosch Corp., 1989
WL 152834 (N.D.
Ill.
1989). Obtained summary judgment for employer in
commissions/ wrongful discharge case. (I left
Chicago
and withdrew from the case shortly before the decision was
issued.)
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Norris v. Estate of Norris, 143
Ill.
App. 3d 741 (1986). Probate dispute as part of larger
10b-5 securities fraud action which resulted in jury
award for my client, Susan Norris, of $1.5 million.
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Van C. Argiris & Co. v. FMC Corp.,
144
Ill.
App. 3d 750; 494 NE 2d 723 (1986). Commercial commission
dispute.
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Barnes v.
St.
Catherine’s Hospital, 563 F. 2d 324 (7th Cir. 1977).
Defendant's verdict for hospital in discrimination/
wrongful discharge case. Affirmed on appeal.
Intellectual Property.
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T-Peg, Inc. v. Vermont Timber Works, Inc., 459 F. 3d 97 (1st Cir.
2006), 669 F. 3d 59 (1st Cir. 2012). Defended
timberframe designer in copyright infringement action in
first reported case addressing “architectural work”
copyright. Obtained summary judgment, reversed on
appeal, then obtained defendant’s verdict at trial plus
attorney’s fees.
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Burgin v. LaHaye, No. 10-13394
(11th Cir. 2011). Defended Tim LaHaye and Jerry Jenkins,
two multiple New York Times No. 1 best‑selling authors
(the Left Behind series), in copyright infringement
action in federal court in Alabama. Obtained summary
judgment, then affirmance on appeal (Atlanta).
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Thoene v. New Line Productions,
Inc. and Tyndale House Publishers, Inc., 07-cv-5655
(C.D. California 2007). Successfully defended national
publisher against allegations of copyright infringement
arising out of collaboration in Mel Gibson film The
Passion of the Christ.
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Davis Frame Co., Inc. v. Reilly,
05-cv-160 (D.N.H. 2005). Successfully prosecuted
architectural plans copyright infringement case.
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M & C Realty, Inc. v. Q L Resorts,
LLC, 05-cv-242 (D.
Vt.
2005). Successfully prosecuted trademark infringement case
against Vermont’s largest planned
resort developer.
Accountant's Malpractice.
-
FDIC v. A.M.
Peisch & Co., (D.
Vt.
1995). Defended the auditors of three failed banks in what
I believe was the largest accountant's malpractice case
in
Vermont (settled on favorable,
confidential terms).
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Numerous other representations, including complete
trials (all defendant’s verdicts).
Other Significant Cases and Miscellaneous.
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Brecher v. Specialty
Paperboard, et al., (D.
Vt. 1994). On behalf of Boise
Cascade Corp., obtained dismissal with prejudice of
shareholder 10b-5 class action.
-
FDIC v.
Bijan-Sara Corp., (D. Vt. 1994 and 2d Cir.
1996). Obtained $1.1 million judgment against
Woodstock/st1:place> developer.
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Merritt v. AMS
Anlagenplanunggesellschaft m.b.H, (D. Vt. 1998).
Business fraud case involving failed $200
million German brewery in
Windsor,
Vermont.
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Aubin
v.
River Valley
Fitness One, L.P., (D.N.H. 2000). Defended large
health and fitness club against sexual harassment claim.
Judgment for health club on all claims, and $50,000
judgment for health club on counterclaims.
-
Bacon
v. Quechee
Lakes
Landowners’ Association, Inc., (Vt.
2001). Obtained jury award granting commission for sale
of 90 lots in resort community, affirmed on appeal at
Vermont Supreme Court.
-
Rapore
v. Gehring, (N.H. 2001). Obtained approx. $80,000
judgment, plus legal fees, for client’s professional
fees, affirmed in N.H. Supreme Court.
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McMillen v. Scheffy,
(N.H. 2002). Obtained $80,000 judgment for
landowner for fraudulent misrepresentation, reversed in
N.H. Supreme Court.
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Beaton
V. Manley, (D.N.H 2003). Successfully defended
two Vermont
judges in New
Hampshire federal court against
claims of exceeding authority.
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McFeeley v. Precision Contract Manufacturing, Inc.
(Vt.
2003). Obtained defendants’ verdict for manufacturing
company in suit by former executive for lost
compensation, stock options, executive bonus. Affirmed
on appeal.
-
Sheppard v.
River
Valley
Fitness One., L.P., (D.N.H. 2003). Obtained
summary judgment for principals of health club on
numerous claims by former employee.
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