Shahi v. Ascend Financial Services, Inc. and Securian Financial Services, Inc.
Apr 14, 2006
Denial of motion to vacate arbitration award aff'd
Vermont Supreme Court decision affirming Superior Court's denial of motion to modify or vacate arbitrator's award published at 2006 VT 29 (with Alan P. Biederman, Esq., Biederman Law Office, Rutland, Vermont)
Smith v. Desautels
Superior court's dismissal reversed and remanded
Plaintiff, who suffered a crushed hand in the scope of his employment, received worker's compensation benefits paid for by his employer. The employer did not carry worker's compensation insurance, in violation of statute.
After receiving worker's compensation benefits, Plaintiff sued his employer under Vermont statutes providing that an employee injured in the course and scope of his employment, whose employer fails to carry worker's compensation insurance, is not deemed by having accepted worker's compensation benefits to have elected the worker's compensation remedy over the remedy of civil suit. Rather, the election between the remedies may only be made by a written waiver of the right to bring civil suit.
The Superior Court granted summary judgment dismissing the civil suit on election of remedies grounds, and the Plaintiff appealed. The Vermont Supreme Court, in a decision published at 2008 VT 17, reversed and remanded the case, holding Plaintiff had never waived his right to pursue a civil action.
Representing the Plaintiff were Eugene Rakow, Rutland, Vermont (in the proceedings below and on appeal), Alan P. Biederman (on appeal), and L. Maxwell Taylor (on appeal).
Lou Maxwell Taylor vs. Amazon.com, Inc. and Amazon Digital Services, Inc.
Jun 20, 2008
settled with Defendants' indemnitor
Defendant copied and placed on its website for sale mp3 files of Plaintiff's music without Plaintiff's permission. The primary fault was traced to a German GmBH called MTunes, which had provided the files to Defendant and sixteen other vendors throughout the world. Plaintiff settled with MTunes for a sum in lieu of statutory damages and dismissed his federal copyright infringement lawsuit against Defendant.