Gardner Preston
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General Corporate Law / In-House Counsel Services

Gardner Preston PLLC can provide advice and counsel in a broad category of legal areas, and the emphasis is always seeking to find a direct and economical solution to even the most complex legal problems. Expertise in commercial and business arrangements, combined with years of litigation experience, provide clients with unique perspectives and innovative solutions. Particular emphasis on e-commerce issues, including privacy and website content issues.

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Representative Experience and Results

Gardner Preston PLLC is a general practice law firm with an emphasis on providing a variety of legal services to businesses of all size, with a specific emphasis on E-Commerce and businesses engaging in the provision of technology. The services include contract review, agreement drafting, negotiation and problem solving. The firm also represents personal injury claimants with a specific emphasis on sports-related injuries.
 
The firm has a national presence with attorneys admitted in Vermont, New Hampshire, and Utah.
 
Clients seeking individual attention from lawyers committed to their clients’ successes should look to Gardner Preston PLLC.

 

Representative Corporate Work

Mr. Preston represented the internet retailer Backcountry.com in a series of line of credit transactions with values in excess of $30,000,000.

Mr. Preston represented Backcountry.com in securing land in Montgomery County, VA for its East Coast Distribution center, as well as representing the Company in the construction and financing for that facility.

Mr. Gardner represented a privately held business in forming an aviation subsidiary, and the acquisition of a large-cabin aircraft by that subsidiary. He has also represented private lenders in multiple aircraft financing transactions.

Mr. Gardner has represented several privately held businesses in connection with multiple, multi-million dollar investments, LLC formations, commercial real estate purchases, and financing transactions.

Mr. Gardner represented an individual in the sale of a UK property and the 1031 exchange of those proceeds into the purchase of Caribbean property.

 

Representative Litigation Outcomes

Mr. Higgins obtained a defendant’s verdict after a two-week jury trial in personal injury case alleging significant injury and loss of cognitive function from exposure to carbon monoxide.

Mr. Higgins obtained a defendant’s verdict after a week-long jury trial in personal injury case alleging unsafe living conditions and violations of the warranty of habitability.

Mr. Higgins obtained a hung jury on behalf of the defendant, a real estate developer, after a week trial in a personal injury case alleging serious bodily injury caused by a construction site accident caused by the failure of a safety railing.

Mr. Gardner obtained a defendant's verdict in legal malpractice claim alleging improper modification of criminal plea arrangement.

Mr. Gardner secured summary judgment on behalf of retaining wall subcontractor in indemnification claim brought by general contractor and its insurance carrier alleging improper workmanship, breach of contract, and breach of warranty. TreeTop at Stratton Condominium Association, Inc. v. Treetop Development Co., LLC, et al., Case No. 147-3-09 Wmcv (Windham County Superior Court).

Mr. Gardner secured summary judgment on behalf of insurance agent in case involving allegations of breach of contract, negligence, constitutional violations, and bad faith.  Chandler v. Suntag et al., 2011 U.S. Dist. LEXIS 70812 (D. Vt. 2011).

Mr. Preston secured summary judgment in the complex legal malpractice claim of Clayton v. Unsworth and successfully defended the appeal to the Vermont Supreme Court.  See Clayton v. Unsworth, 2010 VT 84, 188 Vt. 432, 8 A.3d 1066.

Mr. Preston represented an elderly woman who was knocked over by an employee pushing a large cart of pallets at her local grocery store. She suffered a concussion and shoulder fracture, and temporarily lost her ability to live independently. The claim was presented to the company when the client was nearly at end medical result, and was settled for a sum in the high five figures.

Mr. Preston represented a 75-year-old woman who was injured in an intersection collision in Nashville, TN.  Her injuries were initially treated as soft tissue/whiplash symptoms, but a fracture of the odontoid process was diagnosed several months later, which required surgery and a number of PT treatments.  Liability was not contested, and the claim was settled prior to filing suit.  The adverse driver’s carrier paid the policy limits, and the plaintiff’s carrier paid an additional amount on her UIM claim.

Mr. Preston represented a skier who was struck from behind by another skier near a trail merge area at Deer Valley, Utah.  The client suffered severe right shoulder injuries requiring surgery and a lengthy recuperation.  Liability was contested and suit was filed in state court in Utah.  Following exchange of written discovery, the case was settled at mediation, with a substantial recovery in excess of six figures for the plaintiff.

Mr. Preston represented a cyclist hit by a young driver in Emigration canyon in Salt Lake City, Utah. Plaintiff suffered substantial personal injuries, including cervical and facial injuries requiring extended hospitalization and rehabilitation. Mr. Preston aided in securing policy limits from the tortfeasor, secured maximum recovery of PIP benefits and a six figure policy limits settlement with Claimant’s underinsured motorist carrier.

About

 

ryan
Ryan Gardner
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Attorney

Admitted in Vermont and New Hampshire, Ryan Gardner’s practice focuses on the provision of legal advice to commercial entities in all aspects of commercial law with an emphasis on contract negotiation, commercial transactions (including debt and equity financing), privacy issues, and issues specific to commercial entities’ internet presence. Prior to founding the firm in 2015, Mr. Gardner practiced complex commercial litigation with a large, multinational law firm in Washington, D.C., and a highly-regarded mid-size firm in Burlington, Vermont.

  • Princeton University, A.B., cum laude, 2000
  • Washington & Lee University, J.D., magna cum laude, 2008
  • Admissions: New Hampshire (2008); Vermont (2010), U.S. District Court for the District of New Hampshire (2009); U.S. District Court for the District of Vermont (2010); U.S. Court of Appeals for the Second Circuit (2011)

TOM HIGGINS
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Attorney

Admitted in Vermont, Tom Higgins' practice focuses on civil litigation, with an emphasis on commercial disputes, real estate and insurance litigation. Prior to joining the firm in 2020, Mr. Higgins practiced law for thirty years with a highly-regarded mid-size firm in Burlington, Vermont.

  • Hobart College, B.A., 1984
  • University of the Pacific - McGeorge School of Law, J.D., 1988
  • Admissions: New Jersey (1988) (inactive); Vermont (1991), U.S. District Court for the District of New Jersey (1988); U.S. District Court for the District of Vermont (1992)
james
James Preston
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Attorney

Admitted in Vermont and Utah, Jamie Preston’s practice focuses on the representation of personal injury clients in claims arising from a broad spectrum of negligence based claims, specializing in sports-related injuries such as ski and bicycle accidents. In the past several years Mr. Preston has secured settlements totaling in excess of one million dollars. He also represents corporations in all aspects of commercial law with an emphasis on contract negotiation, and serving internet retailers.  Prior to founding the firm in 2015, Mr. Preston practiced with a highly-regarded mid-size firm in Burlington, Vermont, for 24 years.

  • Middlebury College, B.A., cum laude, 1985
  • Syracuse University, J.D., magna cum laude, 1991
  • Admissions: Vermont (1992), Utah (2004); U.S. District Court for the District of Vermont (1992)

 

Contact Us

 

Gardner Preston, PLLC

James: jamie@gardnerpreston.com
Ryan: ryan@gardnerpreston.com
Tom: tom@gardnerpreston.com
P.O. Box 86
Hanover, NH 03755-0086

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