Marc B. Heath

Catholic University of America, J.D.; Law Review

As a successful litigator, Marc can lay claim to the following accomplishments:

• Marc and his team brought suit against a German industrial manufacturer and its parent corporation on behalf of a Vermont company, alleging breach of contract, fraud, and breach of the implied covenant of good faith and fair dealing. The claim arose out of a manufacturer’s representative agreement. The suit, which was in the Federal District Court for the District of Vermont, was vigorously litigated, requiring numerous experts, and depositions in California, Washington, Texas, and New York, amongst others. After successfully defeating a barrage of motions filed by the defendants, the case was settled on the eve of trial. The terms of the settlement are required to be kept confidential.
• Represented Mount Snow ski resort in a contract dispute against the Alliance of Action Sports (ALLI) and its parent company, NBC Sports. The dispute centered on Mount Snow’s contractual right to host a nationally broadcast extreme winter sports event called the Winter Dew Tour. While there were a number of issues in the case, including whether a contract even existed, a key issue was whether there were any legally recognizable damages. ALLI claimed that promotional consideration was not a valid measure of damages, as it was too intangible and speculative. Marc and his team used innovative technology in the courtroom to demonstrate to the jury how valuable the media exposure would have been to Mt. Snow. The jury agreed, and awarded Mt. Snow $2.25 million.
• Won a dismissal of a taxpayer lawsuit against a large Vermont municipality on primary jurisdiction grounds. The suit alleged the municipality had wrongfully diverted taxpayer funds from the general fund to support an enterprise fund of the municipality. The suit sought repayment of over $16 million dollars, which would have been financially devastating to the municipal enterprise.
• Provided personal injury defense representation for an electric transmission utility company that was sued by a lineman who was grievously injured in the course of his work for a local distribution utility. The lineman alleged that Marc’s client was “wheeling” an excessive amount of power through its system at the time, causing an arc to occur. Marc met with the system engineers, dispatchers, and controllers to understand the complex looped transmission system and operating conditions at the time of the accident to effectively articulate in layman’s terms the fallacy of the plaintiff’s claim. At mediation, he settled the case within the client’s targeted settlement goal. The settlement is confidential, but the wisdom of the settlement was proven when the suit against the non-settling defendant resulted in a $22.5 million dollar verdict for the plaintiff.
• Successfully settled an FELA against his client, Vermont Railways. The claim was complex, involving three separate injuries, one of which involved the application of the Railroad Safety Appliance Act.
• Won a verdict for his client on his counterclaim following a week-long jury trial in the Federal District Court in the District of Vermont. That verdict was upheld on appeal to the 2nd Circuit Court of Appeals. The Plaintiff alleged that Marc’s client had breached a co-packing agreement for soup and other retail food products. The counterclaim was for the balance owed to the defendant for product already shipped. When the plaintiff refused to pay the judgment, Marc sued its shareholders directly, claiming that they participated in a scheme to defraud creditors, and sought punitive damages in addition to the full amount of the judgment plus interest. The shareholders settled for a confidential amount.
• When a local insurance company lost a bodily injury case at trial, and its insured was hit with a million dollar verdict, in excess of the policy limits, the carrier contacted Marc to defend it against a bad faith failure to settle claim. Marc arranged for separate counsel to represent the insured, secured a stay of appeal to avoid waiving the policy limits, and quickly organized a mediation with all parties to resolve the entire matter on favorable terms.
• Defended a gas company when a faulty furnace burner caused two people to die of carbon monoxide poisoning. The suit against the gas company alleged it had failed to properly inspect the furnace after a flooding incident. The company turned to Marc to defend it. Through discovery Marc was able to establish that another company had actually serviced the burner and improperly installed an igniter in the burner shortly before the accident. The case settled shortly thereafter.
• Represented a detonation company who was being sued for economic losses in excess of $20 million as remediation for an alleged defective detonator cord resulting in a non-detonation of a planned blast at a slate quarry. Through Marc’s efforts, the resulting verdict was less than the proposed Offer of Judgment of $110,000.

U.S. District Court, District of Vermont, 1981

Vermont, 1981

U.S. Court of Appeals, Second Circuit, 1989

U.S. District Court, Southern District of New York, 2005

U.S. District Court, Eastern District of Wisconsin, 2007

Litigation Counsel of America, Senior Fellow

American Board of Trial Advocates, Member

Benchmark Litigation Star, 2020-2021Benchmark Litigation Star, 2020-2021

2019 Distinguished Attorney by Martindale-Hubbell for very high rating in both legal ability and ethical standards

Selected by Chambers USA as one of Vermont’s top trial attorneys

Listed in Best Lawyers®, Commercial Litigation and Litigation: Construction, 2011

2020 Best Lawyers® “Lawyer of the Year” for Construction Litigation, Burlington.

Listed in Law Dragon as a top litigator in Vermont.

New England Super Lawyers®: Business Litigation, 2013-2020

Previously Chair of the Board of Make a Wish

MAW Advisory Committee, Member

Osier v. Burlington Telecom et al., 2016 VT 34 201 Vt. 483, 144, A. 3d 1024 (2016)Osier v. Burlington Telecom et al., 2016 VT 34 201 Vt. 483, 144, A. 3d 1024 (2016)

Vermont Railway, Inc. v Town of Shelburne, 918 F.3d 82 (2nd Circ. 2019)

Buzzell v. Jones, 151 Vt. 4, 556 A.2d 106 (1989)

Mears v. Colvin, 171 Vt. 655, 768 A.2d 1264 (2000),

Solinger v. Nasco Intern., Inc., 655 F. Supp. 1385 (D. Vt. 1987)

Howard Opera House Associates v. Urban Outfitters, 322 F.3d 125 (2d Circ. 2003)

Vermont Country Foods, Inc. v. So-Pak-Co, Inc., 170 Fed. Appx. 756 (2d Cir. 2006)

Country Home Prods., Inc. v Schiller-Pfeiffer, Inc., 350 F. Supp.2d 561 (D. Vt. 2004)

In re appeal of Dooley, 170 Vt. 108 (1999)

Bacon v. Lascelles, 165 Vt. 214 (1996)

All Cycle v. Chittenden Solid Waste District, 164 Vt. 428 (1995)

Booska v. Hubbard Ins. Agency, Inc., 160 Vt. 305 (1993)