Eric A. Poehlmann

Director

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  • Overview

    • Client-centric, battle-tested litigator.

      Eric is an experienced trial lawyer and litigator handling some of Vermont’s most complex litigation cases, from matters involving the scope of federal preemption to defending private equity firms in shareholder derivative actions to defending products liability, toxic exposure, and professional malpractice cases. In order to identify the right litigation goals for each matter and develop a winning strategy, Eric enjoys interacting with his clients and gaining real insight into their businesses.

  • Experience

    • Eric has successfully litigated on behalf of a broad range of clients across a diverse scope of legal issues. That which these cases all have in common is Eric's tenacious approach to achieving the best outcome for his client.

      • Tried a case on behalf of Vermont Rail arising out of a collision at a rail crossing and won a verdict from a Chittenden County jury in favor of the Railroad. The case involved important operational issues for the Railroad that transcended this individual matter. 
      • Defended an out-of-state private equity investment firm in a shareholder’s derivative action brought in the Massachusetts Business Law Session of the Superior Court. The case arose out of the client’s sale of a UK-based alternative energy company and involved complex financial and corporate governance issues. During the multi-year course of litigation, Eric took and defended numerous depositions in Massachusetts, West Virginia, New York, and the U.K., and engaged in extensive motion practice regarding the authority of Special Litigation Committees under Delaware law. The case ultimately settled for a fraction of the plaintiffs’ demand and on terms extremely favorable to the client.
      • Represented a local salvage business in a claim it brought against a contractual partner that had engaged in extensive fraud against the salvage business. The case involved a bench trial, two appeals to the Vermont Supreme Court, a corollary action in the Province of Quebec, and ultimately a jury trial in Vermont’s Superior Court. Eric prevailed at trial, obtaining a sizeable verdict for his client which included an award of punitive damages to his client for the fraud perpetrated by the defendant.
      • Represents nursing homes, physicians, psychiatrists, lawyers, and other professionals in malpractice matters, including wrongful death claims. These matters require the utmost confidentiality to protect the professional reputations involved and are therefore frequently resolved before any suit is filed. Eric is experienced in handling these matters at the pre-suit stage in addition to handling these cases once a lawsuit has been filed. Because of the need for confidentiality, individual case studies are not referenced here.
      • Represents taxpayers in actions brought by Vermont’s Department of Taxes. Eric successfully represented a well-known, local quarry company in an action brought by Vermont’s Department of Taxes which claimed that the company owed significant additional sales and use taxes to the State. The Department’s position would have fundamentally altered the manner in which the quarry company could have conducted its operations. Eric successfully defended the quarry company at a hearing before the Commissioner of the Department of Taxes, obtaining a determination that no tax was due.
      • In the last year, Eric, along with Peter Kunin, was responsible for developing the framework for Vermont’s first-in-the-nation anti-patent trolling law.
      • Represented Vermont Rail in its successful federal court action challenging the applicability of Vermont’s Act 250 to the railroad based on federal preemption.
  • Memberships & Activities

      • American Bar Association, 1997
      • Chittenden Bar Association
      • Defense Research Institute
      • Vermont Bar Association
  • Community Involvement

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      Served on the board of trustees of Woodbury College in Montpelier from 2006 - 2009

       

Client-centric, battle-tested litigator.

Eric is an experienced trial lawyer and litigator handling some of Vermont’s most complex litigation cases, from matters involving the scope of federal preemption to defending private equity firms in shareholder derivative actions to defending products liability, toxic exposure, and professional malpractice cases. In order to identify the right litigation goals for each matter and develop a winning strategy, Eric enjoys interacting with his clients and gaining real insight into their businesses.

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