Practice Focus
Marc Heath has conducted over sixty-five jury trials to verdict, as well as numerous non-jury trials, in both state and federal courts. He also represents clients in arbitrations and mediations and has served as an arbitrator and mediator in a variety of disputes. Marc has litigated complex product liability, premises, construction and auto liability claims, as well as construction contract disputes and commercial development appeals. He has defended product liability cases involving explosives, bungee cords, snowmaking equipment, lawnmowers, fire extinguishers, extension cords and cholesterol lowering drugs. He has tried criminal, domestic relations and civil arson cases.
Marc has been selected by the National Business Institute (NBI) to serve on a panel of arbitrators for intellectual property disputes. He has defended Errors and Omissions (E&O) claims against brokers and independent agents, and has advised carriers on E&O issues
Significant Matters
Marc listens to clients and works closely with them to define and pursue strategies that are most likely to lead to positive outcomes for the client, as demonstrated in the case of Vermont Country Foods v. SoPakCo:
Marc represented SoPakCo and its parent corporation Unaka Inc. in a suit brought against them by Vermont Country Foods in Federal District Court in Vermont. VCF alleged that SPC breached a co-packing agreement to produce soups and other food products. VCF sought several million dollars in damages, and also sought punitive damages. Marc and his team succeeded in having the punitive damages dismissed pre suit, and then successfully defended the case through a week long jury trial. The jury returned a verdict for SoPakCo on it’s counterclaim. The final judgement for SoPakCo was $300,000, which was upheld by the Second Circuit Court of Appeals. Subsequently, Marc brought suit against the individual shareholders and directors of VCF to collect the judgment, alleging that these individuals had conspired to hide VCF assets. That case settled for an amount in excess of the underlying judgment against VCF.
Professional Activities
Marc is the former chair of the firm's Litigation Practice Group. He has been named by Chambers USA as one of the top litigation attorneys in Vermont in each edition of its publication, America's Leading Lawyers for Business, since 2004. He has been selected for inclusion in the Institutional Investor, Benchmark: Litigation guide as one of the top litigation attorneys in the nation. He served as the chair of the Vermont Bar Association's Insurance Law Committee.
Reported Cases
Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp.2d 561 (D. Vt. 2004)
(Federal District Court denied motion to dismiss our declaratory judgment complaint, despite first to file rule)
Howard Opera House v. Urban Outfitters 322 F.3d 125 (2nd Cir. 2003)(Second Circuit vacates permenant injunction issued against our client in a commercial lease dispute)
In re appeal of Dooley, 170 Vt. 108 (1999)(Vermont Supreme Court upholds Commercial land use planning and development permits issued by Environmental Court to our client)
Bacon v. Lascelles, 165 Vt. 214 (1996)( Vermont Supreme Court upheld Defendant’s verdict we obtained for landlord in this premises wrongful death case. Issues involved applicability of building codes, exclusion of surprise rebuttal witness, and jury instructions on legal presumptions).
All Cycle v. Chittenden Solid Waste District, 164 Vt. 428 (1995)(Municipal waste management district constitutional taking case).
Booska v. Hubbard Ins. Agency, Inc., 160 Vt. 305 (1993)(Vermont Supreme Court upheld summary judgment for carrier in 1st party homeowners coverage dispute).
Buzzell v. Jones, 151 Vt. 4 (1989)(Vermont Supreme Court reversed verdict for plaintiff, on grounds jury instructions incorrectly stated duty of landowner to invitee. We represented the defendant, and on retrial secured favorable verdict.)
Solinger v. Nasco Intern., Inc., 655 F. Supp. 1385 (D.Vt. 1987); (District Court denied motion to dismiss our complaint against out of state mail order company for lack of personal jurisdiction)
Community Involvement
Marc recently completed his sixth and final year of service on the board of directors of the Make-A-Wish Foundation of Vermont, having served as board president for the last two years. In the past, he has served on the board of the Lund Family Center and on the development board of the Richmond Little League non-profit corporation.
Publications/Presentations
Marc has been a featured speaker on personal injury litigation in Vermont under the auspices of the National Business Institute, Inc.
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