Firm News
May 15, 2014

Mt. Snow 'pleased with verdict'

BRATTLEBORO -- A jury in the U.S. District Court awarded damages of more than $2.1 million to Mount Snow after it sued NBC and Alli, the promoter of the Winter Dew Tour, for not delivering on an agreement.

"My client is very pleased with our verdict," said lead counselor Marc Heath, of Downs Rachlin Martin.

On May 8, jurors decided that NBC and Alli had breached a contract guaranteeing a Winter Dew Tour stop at Mount Snow for two years with an option for a third year. The event includes several snowboarding and freestyle skiing competitions.

In a statement from Mount Snow, the resort said Alli performed the first year of the contract by holding the Winter Dew Tour there in January 2010 but did not hold the second event there in 2011. Instead, it was hosted by Killington.

Attorneys claimed some of the benefits lost when the event was moved to Killington included "references and mentions on television and Internet programming, signage, advertising, print, Internet and local news editorials and other promotional advertising."

According to Heath, the case primarily had to do with damages. Jurors were asked whether Mount Snow lost a considerable amount of promotional consideration when it was deprived of hosting a second Winter Dew Tour event.

"That's what the jury struggled with," said Heath. "What's the damage amount of not being able to host the event?"


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