Posts Categorized: Articles

First Circuit doubles down on “Pretext-Plus” Test

The First Circuit recently reaffirmed its decision in Feliciano de la Cruz v. El Conquistador Resort & Country Club, 218 F.3d 1 (1st Cir. 2000). In Feliciano de la Cruz, the First Circuit affirmed a grant of summary judgment on a national original discrimination claim, even though the plaintiff case could point to evidence that… Read more »

Domestic violence crimes in Maine

Domestic Violence Crimes in Maine Domestic violence crimes are among the most serious and frequently charged crimes in Maine. Even if charged as a misdemeanor, a domestic violence conviction will remain on your permanent criminal record and carries a stigma impacting you both professionally and personally. Types of Domestic Violence Crimes In Maine, the term… Read more »

Frequently asked questions about criminal charges in Maine

If you or a loved one has been arrested or summonsed for a crime in Maine, you probably have many questions. The attorneys at Libby O’Brien Kingsley & Champion are experienced in criminal defense, and have defended clients against criminal charges such as domestic violence, assault, aggravated stalking, theft, drug possession, drug trafficking, operating under… Read more »

Contracts and COVID-19

The COVID-19 pandemic, and public and health and government responses to curtail it, have dramatically changed our daily lives.  From school and daycare closures, to all but “essential” businesses shuttering, to cancelled events, the impact has been far-reaching.  These changes implicate legal rights, particularly contractual relationships.  This article identifies and briefly discusses various types of… Read more »

Department of Labor releases Draft Final Rule on the Families First Coronavirus Response Act (FFCRA) and clarifies employee notice requirements

In response to the novel coronavirus (COVID-19) pandemic, Congress passed the Families First Coronavirus Response Act (FFCRA). FFCRA went into effect on April 1, 2020 and provides that covered employers with fewer than 500 employees must provide up to two weeks of emergency paid sick leave and up to twelve weeks of expanded family medical leave… Read more »

Can your childcare provider still charge you if they are closed due to the coronavirus pandemic?

One question receiving much attention regarding the coronavirus (COVID-19) pandemic is childcare. In some instances, daycares, childcare centers, and preschools have closed but are still charging families. Is this lawful? It depends. The first issue to consider when assessing whether a parent may be charged during an extended closure due to coronavirus is the contract… Read more »

Operating under the influence may include “mowing” under the influence

An unusual arrest by the Augusta Police Department serves as a good reminder about the breadth of Maine’s drunk driving laws.  According to a February 10, 2020 post on its Facebook page, the Augusta Police Department recently arrested someone who was operating a lawnmower while under the influence.  The Facebook post reads, “Although it’s not… Read more »

Maine Supreme Court vacates OUI conviction due to improper jury instructions

In State v. Thurlow, the Law Court vacated Mr. Thurlow’s conviction for operating under the influence and ruled that he was entitled to a new trial because the trial court incorrectly instructed the jury about the evidentiary significance of his refusal to submit to a breath test. At the time of the traffic stop, Thurlow’s… Read more »