News

Brian Champion is recognized for pro bono work by the Clients’ Security Board of the Supreme Judicial Court of Massachusetts

Brian Champion was recently recognized by the General Counsel and Executive Director of the Clients’ Security Board of the Massachusetts Supreme Judicial Court for his successful pro bono representation before the Board on behalf of a client in fiscal year 2019.  The Clients’ Security Board oversees a fund that is used to reimburse members of… Read more »

U.S. Dept. of Labor issues final rule to update regulations relating to exemption of workers from minimum wage and overtime pay requirements

On Tuesday, September 24, 2019, the Wage and Hour Division of the United States Department of Labor (the “Department”) issued a new Final Rule (summarized in a Fact Sheet released by the Department) to update the regulations defining and delimiting the exemptions for executive, administrative, or professional employees. According to the Department, the new regulations issued… Read more »

Tyler Smith successfully defends town in employment dispute

In August 2019, Tyler Smith successfully defended a Town in a lawsuit for judicial review brought by a former town employee.  The Plaintiff argued that his separation from employment was accomplished through means that were pretextual, arbitrary and capricious, and without any rationale basis.  After written briefing and oral argument, the Court rejected these arguments… Read more »

Maine’s New Law Banning the Use of Handheld Phones and Devices While Driving Goes Into Effect on September 19, 2019

In an effort to stem the increase in accidents and fatalities resulting from distracted driving, “An Act to Prohibit the Use of Handheld Phones and Devices While Driving,” PL 2019, c. 486, will go into effect on September 19, 2019. The new law will generally prohibit drivers in Maine from using handheld phones and devices… Read more »

Sobriety Checkpoints in Maine

As summer begins, motorists can expect to see an uptick in sobriety checkpoints, also known as OUI checkpoints. Police officers will set up a roadblock to stop motorists and determine if the motorist is impaired. The U.S. Supreme Court and the Maine Law Court have each held that a properly conducted sobriety checkpoint is an… Read more »

Attorneys Tyler Smith and Timothy O’Brien Win Appeal in Whistleblower Lawsuit

Attorneys Tyler Smith and Tim O’Brien recently won a victory for a client in the Maine Supreme Judicial Court in Lee v. Town of Denmark, 2019 ME 54. The plaintiff brought claims against our client for whistleblower retaliation, unpaid wages, and defamation. Attorneys Smith and O’Brien filed a successful motion for summary judgment in the… Read more »

Law Court hands down important decision regarding public access to beaches

In a prior article, I wrote about a Maine Supreme Court case about seaweed ownership. The Court recently handed down its decision in Ross v. Acadian Seaplants, holding that the waterfront property owner owns the seaweed growing in the intertidal zone. The Law Court reasoned that taking seaweed is not “fishing” and accordingly not within… Read more »

Savings clause to the Maine Uniform Fraudulent Transfer Act is triggered by discovery of the fraud, not discovery of the transfer

So holds the Maine Supreme Judicial Court, sitting as the Law Court, in today’s decision in State of Maine v. Tucci, 2019 ME 51, — A.3d —. Tucci was found to have fraudulently transferred property in 2009. More than six years later, the State of Maine filed a lawsuit against Tucci alleging that the transfers… Read more »