Partner
Bridget Asay
- Yale, J.D. (1995)
- Harvard, A.B. (1992)
Bridget Asay is an experienced trial and appellate lawyer, who joined the firm in 2017 after serving as the Solicitor General for the State of Vermont. She has argued dozens of appeals in state and federal courts throughout the country, including twice before the U.S. Supreme Court. She has also led major trial court litigation producing multi-million dollar recoveries for both private and government clients. Her work spans all areas of law.
For over a decade, Bridget supervised and conducted litigation in the Vermont Attorney General’s Office. While in public service, Bridget argued two cases before the U.S. Supreme Court: a challenge to Vermont’s healthcare database on ERISA preemption grounds and a challenge to a Vermont law restricting pharmaceutical data-mining. She also served as lead counsel in Vermont’s groundbreaking consumer-protection litigation against a prolific patent troll, which she guided through multiple state and federal courts. In 2021, she testified about that experience before Congress.
Bridget’s experience spans virtually every area of law, including federal jurisdiction, preemption, consumer protection, environmental law, sovereign immunity, employment law, administrative law, ERISA, constitutional law, attorneys’ fees, free speech, religion, civil rights, and taxation.
A respected brief writer, Bridget is a two-time recipient of the prestigious “Best Brief Award” presented by the National Association of Attorneys General for excellence in Supreme Court brief writing. She has written multistate amicus briefs filed in the U.S. Supreme Court on a range of issues.
Earlier in her career, Bridget served as Chair of the Vermont Board of Bar Examiners, spearheading Vermont’s transition to the Uniform Bar Examination, and overseeing a complete revision of the rules of admission.
Bridget received her law degree from Yale Law School in 1995 and her undergraduate degree from Harvard University in 1992, where she graduated Phi Beta Kapa, with honors. After law school, Ms. Asay clerked for Chief Judge J. Garvan Murtha for the U.S. District Court for the District of Vermont and Justice Denise Johnson of the Vermont Supreme Court.
CONSTITUTIONAL LITIGATION
Sorrell v. IMS Health, Inc.
Bridget represented Vermont in this First Amendment challenge to a state law restricting pharmaceutical datamining. She argued the case at the U.S. Supreme Court in 2011.
Howe v. Burwell
Bridget defended state officials and agencies sued by a plaintiff who objected, on religious grounds, to purchasing health care insurance on the state exchange that provided coverage for abortion. The federal district court dismissed all claims against the state defendants.
Barrett v. Volz
Bridget represented the Vermont Public Service Board in an important case addressing the scope of the public’s right of access to administrative hearings.
Cranley v. National Life
In this Second Circuit appeal, Bridget successfully defended, against constitutional challenges, a state statute that provided for the conversion of an insurance company from a mutual company to a stock company.
State v. Medina
Bridget represented Vermont in a state constitutional challenge to a statute extending mandatory collection of DNA samples from persons charged with, but not yet convicted of, felony offenses.
Perry v. McDonald
Bridget successfully defended Vermont officials against a First Amendment challenge to the regulation of vanity license plates.
Lewis v. Searles
PREEMPTION AND FEDERAL JURISDICTION
Gobeille v. Liberty Mutual Insurance Co.
Bridget defended Vermont’s health care database statute against an ERISA preemption challenge. She argued the case at the U.S. Supreme Court in 2015.
Vermont v. MPHJ Technology Investments, LLC
Bridget was lead counsel in this groundbreaking consumer-protection case. Vermont was the first state to use its consumer laws to take on patent trolling. The case was litigated in the state and federal trial courts, with two appeals to the Federal Circuit. The Federal Circuit dismissed MPHJ’s first appeal and, in the second appeal, upheld the district court’s remand order.
Entergy Nuclear Vermont Yankee v. Shumlin
Bridget defended Vermont in its dispute with Entergy over continued operation of the Vermont Yankee nuclear plant, a case that addressed the preemptive scope of the Atomic Energy Act.
McGrx, Inc. v. Vermont
ENVIRONMENTAL AND LAND USE
Vermont Agency of Natural Resources v. U.S. Fire Insurance Co.
Bridget litigated and won this important appeal in the Vermont Supreme Court, which established the state’s right to bring direct actions against insurers that provided coverage for properties contaminated by leaking fuel tanks.
In re B&M Realty
In this high-profile land use appeal, Bridget successfully advocated for the Vermont Natural Resources Board, which enforces Vermont’s statewide land-use law. The Vermont Supreme Court agreed with the Board that a proposed mixed-use retail development conflicted with the regional land-use plan and overturned the permit for the project. Numerous amici supported that outcome, including the Vermont Natural Resources Council and Preservation Trust of Vermont.
In re Appeal of Plum Creek Maine Timberlands, LLC
After a state trial court overturned an administrative ruling that Plum Creek—owner of thousands of acres of forest land in Vermont—violated its forest management plan, Ms. Asay handled the successful appeal to the Vermont Supreme Court. The Court reversed, reinstated the finding against Plum Creek, and reaffirmed the deference afforded the state forestry department.
Brod v. Agency of Natural Resources
Bridget successfully argued that the plaintiffs’ challenge to an agency rule governing solid waste management failed for lack of standing.
ADMINISTRATIVE AND EMPLOYMENT LAW
In re MVP Health Insurance Co.
Bridget represented the Green Mountain Care Board in the first challenge to its exercise of insurance rate-review authority. While remanding for further proceedings, the Vermont Supreme Court rejected a constitutional challenge to the Board’s regulatory authority.
In re Grievance of John Lepore
The Vermont Supreme Court reversed a labor board decision reinstating a state employee terminated for misconduct. The Court agreed with the State—represented by Bridget—that the employee’s misconduct and dishonesty as a juror in a federal capital murder trial was sufficient grounds for termination.
In re Grievance of Vermont State Employees’ Association
Bridget successfully represented Vermont against a claim by the state employees’ union for an extended period of double pay for numerous state workers who were relocated after Tropical Storm Irene damaged the state office complex in Waterbury. The Vermont Supreme Court agreed with the labor board and the State that the collective bargaining agreement did not require double pay.
Appellate Practice Update, Vermont Bar Association (October 2021)
Everything But The Briefs, Vermont Bar Association (January 2021)
Broaden Your Appeal: Effective Appellate Advocacy, Vermont Bar Association (January 2019)
Effective Appellate Practice, Federal Bar Association, Vermont Chapter (May 2018)
Panelist With Justice Marilyn Skoglund, Central Vermont Inns of Court, Appellate Practice CLE (September 2017)
The Most Appealing, Vermont Bar Association (January 2015)
Panelist On Strategies for Appellate Training Program, National Association of Attorneys General, Appellate Practice Conference (May 2011, May 2012, May 2013)
Making Your Case On Appeal, Vermont Bar Association (September 2011)
Effective Trial And Appellate Brief Writing, Vermont Bar Association (January 2009)
Appellate Practice Seminar, Vermont Bar Association (March 2006)
American Academy of Appellate Lawyers, elected fellow
Kellogg-Hubbard Library, president of the board of trustees
Vermont Advisory Committee on Rules of Civil Procedure, member
Vermont Bar Association, appellate section co-chair
Montpelier Roxbury Public Schools Board of School Commissioners, member (2015-2020) & vice-chair (2017-2020)
Vermont Board of Bar Examiners, chair (2010 – 2016)
Overview
Bridget Asay is an experienced trial and appellate lawyer, who joined the firm in 2017 after serving as the Solicitor General for the State of Vermont. She has argued dozens of appeals in state and federal courts throughout the country, including twice before the U.S. Supreme Court. She has also led major trial court litigation producing multi-million dollar recoveries for both private and government clients. Her work spans all areas of law.
For over a decade, Bridget supervised and conducted litigation in the Vermont Attorney General’s Office. While in public service, Bridget argued two cases before the U.S. Supreme Court: a challenge to Vermont’s healthcare database on ERISA preemption grounds and a challenge to a Vermont law restricting pharmaceutical data-mining. She also served as lead counsel in Vermont’s groundbreaking consumer-protection litigation against a prolific patent troll, which she guided through multiple state and federal courts. In 2021, she testified about that experience before Congress.
Bridget’s experience spans virtually every area of law, including federal jurisdiction, preemption, consumer protection, environmental law, sovereign immunity, employment law, administrative law, ERISA, constitutional law, attorneys’ fees, free speech, religion, civil rights, and taxation.
A respected brief writer, Bridget is a two-time recipient of the prestigious “Best Brief Award” presented by the National Association of Attorneys General for excellence in Supreme Court brief writing. She has written multistate amicus briefs filed in the U.S. Supreme Court on a range of issues.
Earlier in her career, Bridget served as Chair of the Vermont Board of Bar Examiners, spearheading Vermont’s transition to the Uniform Bar Examination, and overseeing a complete revision of the rules of admission.
Bridget received her law degree from Yale Law School in 1995 and her undergraduate degree from Harvard University in 1992, where she graduated Phi Beta Kapa, with honors. After law school, Ms. Asay clerked for Chief Judge J. Garvan Murtha for the U.S. District Court for the District of Vermont and Justice Denise Johnson of the Vermont Supreme Court.
Representative Matters
CONSTITUTIONAL LITIGATION
Sorrell v. IMS Health, Inc.
Bridget represented Vermont in this First Amendment challenge to a state law restricting pharmaceutical datamining. She argued the case at the U.S. Supreme Court in 2011.
Howe v. Burwell
Bridget defended state officials and agencies sued by a plaintiff who objected, on religious grounds, to purchasing health care insurance on the state exchange that provided coverage for abortion. The federal district court dismissed all claims against the state defendants.
Barrett v. Volz
Bridget represented the Vermont Public Service Board in an important case addressing the scope of the public’s right of access to administrative hearings.
Cranley v. National Life
In this Second Circuit appeal, Bridget successfully defended, against constitutional challenges, a state statute that provided for the conversion of an insurance company from a mutual company to a stock company.
State v. Medina
Bridget represented Vermont in a state constitutional challenge to a statute extending mandatory collection of DNA samples from persons charged with, but not yet convicted of, felony offenses.
Perry v. McDonald
Bridget successfully defended Vermont officials against a First Amendment challenge to the regulation of vanity license plates.
Lewis v. Searles
PREEMPTION AND FEDERAL JURISDICTION
Gobeille v. Liberty Mutual Insurance Co.
Bridget defended Vermont’s health care database statute against an ERISA preemption challenge. She argued the case at the U.S. Supreme Court in 2015.
Vermont v. MPHJ Technology Investments, LLC
Bridget was lead counsel in this groundbreaking consumer-protection case. Vermont was the first state to use its consumer laws to take on patent trolling. The case was litigated in the state and federal trial courts, with two appeals to the Federal Circuit. The Federal Circuit dismissed MPHJ’s first appeal and, in the second appeal, upheld the district court’s remand order.
Entergy Nuclear Vermont Yankee v. Shumlin
Bridget defended Vermont in its dispute with Entergy over continued operation of the Vermont Yankee nuclear plant, a case that addressed the preemptive scope of the Atomic Energy Act.
McGrx, Inc. v. Vermont
ENVIRONMENTAL AND LAND USE
Vermont Agency of Natural Resources v. U.S. Fire Insurance Co.
Bridget litigated and won this important appeal in the Vermont Supreme Court, which established the state’s right to bring direct actions against insurers that provided coverage for properties contaminated by leaking fuel tanks.
In re B&M Realty
In this high-profile land use appeal, Bridget successfully advocated for the Vermont Natural Resources Board, which enforces Vermont’s statewide land-use law. The Vermont Supreme Court agreed with the Board that a proposed mixed-use retail development conflicted with the regional land-use plan and overturned the permit for the project. Numerous amici supported that outcome, including the Vermont Natural Resources Council and Preservation Trust of Vermont.
In re Appeal of Plum Creek Maine Timberlands, LLC
After a state trial court overturned an administrative ruling that Plum Creek—owner of thousands of acres of forest land in Vermont—violated its forest management plan, Ms. Asay handled the successful appeal to the Vermont Supreme Court. The Court reversed, reinstated the finding against Plum Creek, and reaffirmed the deference afforded the state forestry department.
Brod v. Agency of Natural Resources
Bridget successfully argued that the plaintiffs’ challenge to an agency rule governing solid waste management failed for lack of standing.
ADMINISTRATIVE AND EMPLOYMENT LAW
In re MVP Health Insurance Co.
Bridget represented the Green Mountain Care Board in the first challenge to its exercise of insurance rate-review authority. While remanding for further proceedings, the Vermont Supreme Court rejected a constitutional challenge to the Board’s regulatory authority.
In re Grievance of John Lepore
The Vermont Supreme Court reversed a labor board decision reinstating a state employee terminated for misconduct. The Court agreed with the State—represented by Bridget—that the employee’s misconduct and dishonesty as a juror in a federal capital murder trial was sufficient grounds for termination.
In re Grievance of Vermont State Employees’ Association
Bridget successfully represented Vermont against a claim by the state employees’ union for an extended period of double pay for numerous state workers who were relocated after Tropical Storm Irene damaged the state office complex in Waterbury. The Vermont Supreme Court agreed with the labor board and the State that the collective bargaining agreement did not require double pay.
Speaking Engagements
Appellate Practice Update, Vermont Bar Association (October 2021)
Everything But The Briefs, Vermont Bar Association (January 2021)
Broaden Your Appeal: Effective Appellate Advocacy, Vermont Bar Association (January 2019)
Effective Appellate Practice, Federal Bar Association, Vermont Chapter (May 2018)
Panelist With Justice Marilyn Skoglund, Central Vermont Inns of Court, Appellate Practice CLE (September 2017)
The Most Appealing, Vermont Bar Association (January 2015)
Panelist On Strategies for Appellate Training Program, National Association of Attorneys General, Appellate Practice Conference (May 2011, May 2012, May 2013)
Making Your Case On Appeal, Vermont Bar Association (September 2011)
Effective Trial And Appellate Brief Writing, Vermont Bar Association (January 2009)
Appellate Practice Seminar, Vermont Bar Association (March 2006)
Associations
American Academy of Appellate Lawyers, elected fellow
Kellogg-Hubbard Library, president of the board of trustees
Vermont Advisory Committee on Rules of Civil Procedure, member
Vermont Bar Association, appellate section co-chair
Montpelier Roxbury Public Schools Board of School Commissioners, member (2015-2020) & vice-chair (2017-2020)
Vermont Board of Bar Examiners, chair (2010 – 2016)
Clerkships
- Chief Judge J. Garvan Murtha for the United States District Court for the District of Vermont
- Justice Denise Johnson of the Vermont Supreme Court
Admissions
Bridget's
Insights
