Commercial property valuation is a more complicated and much more expensive process than appraising residential real estate. Depending on the type of property, commercial appraisals can run between $2,500 to $15,000. The cost will vary based on the size, nature, and complexity of the property involved. Like residential appraisers, commercial appraisers follow standards set forth… Read more »
Non-compliant appendix may result in dismissal of appeal
A recent Maine Law Court decision provides a warning to the bar and public: failure to comply with Rule 8 of the Maine Rules of Appellate Procedure may result in dismissal of an appeal. Rule 8 describes specific requirements for the appendix to be filed on appeal, including size, contents, and order of documents. In… Read more »
Maine law permitting recreational use of marijuana creates uncertainty for employers
Maine is now one of eight states – Alaska, California, Colorado, Massachusetts, Nevada, Oregon, and Washington – and the District of Columbia that have legalized the use of recreational marijuana. Although retail sales of marijuana have been delayed to February 2018, the recreational use of marijuana became legal on January 30, 2017. Once the Maine… Read more »
The use of expert testimony regarding real estate valuations in divorce actions
Areas in which to use expert testimony in a divorce action are limited only by counsel’s creativity based on the unique challenges each case presents. The most basic form of expert testimony in a divorce trial is real estate appraisal. Although the owner of a property can testify to its value, Nelson v. Leo’s Auto… Read more »
Circumstantial evidence can present a “convincing mosaic” of gender discrimination
So holds a recent decision by the First Circuit Court of Appeals. In Burns v. Johnson, — F.3d — (1st Cir. 2016), the First Circuit vacated a district court’s decision granting summary judgment to an employer, after the district court concluded the employee’s evidence of gender bias amounted to speculative conclusions about a supervisor’s motivation.… Read more »
Opinion testimony by expert witnesses in divorce litigation
In addition to the evidentiary standards contained in the Maine Rules of Evidence, the Maine Supreme Judicial Court (the “Law Court”) has identified specific judicial standards and procedures that are applicable to the admissibility of expert testimony. While a primary test for admissibility are the Rules of Evidence, judicially crafted standards and limitations constitute a… Read more »
Opinion testimony by lay witnesses in divorce litigation
In divorce litigation, like civil litigation in general, opinion testimony is not limited to experts. Lay witnesses, especially the parties to a divorce case, may testify with respect to the valuation of real and personal property despite a lack of expertise. Rule 701 of the Maine Rules of Evidence provides that: If the witness is… Read more »
Longer living seniors means thoughtful planning now!
“Live long and prosper” – is something we all aspire to during our lifetimes. However, living longer brings with it issues that most of us do not want to think about, but issues that are likely to happen whether we want them to or not. The “Baby boomers,” those born between 1946 and 1964, are… Read more »
Common issues in adoptions
With the new enactment of the Maine Parentage Act coming up in July 2016, we are looking ahead to some changes that will be happening with adoptions in Maine. Before talking about those, however, it is worth revisiting adoptions generally and some common legal issues and considerations if you are considering an adoption. This article… Read more »
Second Circuit recognizes individual liability under FMLA
In a recent decision, Graziadio v. Culinary Institute of America, the Second Circuit Court of Appeals concluded that supervisors can be held individually liable for violations of the Family Medical Leave Act (FMLA). Under the FMLA, only an employer may be held liable for violations of the statute. To decide who qualifies as an “employer,” the Second… Read more »