Courthouse Plaza
199 Main Street
Burlington, VT 05402-0190
ph: 802-863-2375
dir: 802-863-2375
Overview

Savvy commercial litigator applying fresh thinking to solve complex matters.

Jennifer is an experienced litigator representing clients at every stage of civil litigation.  She has tried cases to verdict in state and federal courts and represented clients on appeal in both the Vermont Supreme Court and the United States Court of Appeals for the Second Circuit. Her practice includes complex commercial, breach of contract, construction defect, federal preemption, and municipal litigation matters. She also regularly represents clients in mediations and the defense of personal injury, wrongful death, medical malpractice, and other tort claims.     

Jennifer was recently recognized as a 2017 New England Super Lawyers® Rising Star in civil litigation.   

Experience
  • Jennifer was the senior associate and second chair of the litigation team that 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.
  • Jennifer obtained judgment for her client, the defendant corporation, following a multi-day trial in U.S. District Court, District of Vermont in a personal injury/product liability case.
  • Jennifer assisted in obtaining a multi-million dollar jury verdict for a Vermont ski and snowboard resort in a breach of contract dispute against the Alliance of Action Sports and NBC Universal involving an internationally televised action sports event.
  • Obtained a dismissal of a $16 million dollar taxpayer lawsuit against a large Vermont municipality.
  • Represented a large Vermont municipality in a complex commercial litigation arising out of a $33.5 million dollar financing of a municipal enterprise.
  • Regularly obtains favorable outcomes for clients in both commercial disputes and tort claims through alternative dispute resolution.
  • Has prepared successful appellate briefs and argues before the Vermont Supreme Court.
  • In June 2012, Jennifer assisted in obtaining a favorable jury verdict for a corporate client at trial in a negligence case. Jennifer handled cross-examinations of all fact witnesses and the co-plaintiff. The jury returned a verdict in favor of Jennifer’s client on the co-plaintiff’s claim.
  • Coordinated a significant e-discovery document review for a client in a high profile matter involving extremely sensitive proprietary information. Her team succeeded in securing a broad and crucial protective order prior to the document review. Jennifer then oversaw the review of tens of thousands of electronic documents and the subsequent production of discoverable information.
  • Obtained a rare filing injunction in Vermont federal court against a vexatious litigant.
Education

Vermont Law School, J.D. magna cum laude, 2009 Vermont Journal of Environmental Law (Editor-in-Chief, 2008-2009)

University of Vermont, B.A. 2004

Admissions & Clerkships

Vermont, 2009

U.S. District Court, District of Vermont, 2010

U.S. Court of Appeals, Second Circuit, 2011

 

Memberships & Activities
  • American Bar Association
  • Vermont Bar Association
  • Chittenden County Bar Association
Community Involvement
  • Vermont Family Network, Board Member 2015 - present
  • Leadership Champlain, Class of 2013
  • Run Vermont, Race Committee Member
Publications & Presentations
  • Speaker, Vermont Bar Association Annual Meeting 2017, Torts Year in Review
  • Speaker, Vermont Bar Association Annual Meeting 2015, Torts Year in Review
  • Speaker, Vermont Bar Association Annual Meeting 2014, Torts Year in Review
Reported Cases
  • Pcolar Casella Waste Systems, Inc., 2012 VT 58, 192 Vt. 343, 59 A.3d 702 (2012)
  • Rathe Salvage, Inc. v. R. Brown & Sons, Inc., 2012 VT 18, 46 A.3d 891, 894 (2012)
Courthouse Plaza
199 Main Street
Burlington, VT 05402-0190
ph: 802-863-2375
dir: 802-863-2375
jmcdonald@drm.com
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