Posts Categorized: Articles

Maine’s bountiful seaweed. Who owns it?

A recent Maine case, Ross v. Acadian Seaplants, has made national news.  The subject of this legal battle?  Ownership of seaweed. Acadian Seaplants, Ltd., a Nova Scotian company, has appealed from a decision of a justice of the Maine Superior Court, which ruled in favor of two property owners that own waterfront property in Washington… Read more »

What are the penalties for drunk driving in Maine?

In Maine, drunk driving is called “operating under the influence,” or “OUI.” A person commits OUI if the person operates a motor vehicle while under the influence of intoxicants, or while having a blood-alcohol level of .08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath. The Maine Supreme… Read more »

Valuation of businesses in divorce: personal goodwill and enterprise goodwill

A business’s goodwill consists of its “reputation, patronage, and other intangible assets that are considered when appraising the business.” Black’s Law Dictionary 703 (7th ed. 1999). Under Maine law, enterprise goodwill is quantifiable property subject to equitable distribution by the court. Ahern v. Ahern, 2008 ME 1, ¶ 14, 938 A.2d 35. Personal goodwill, in contrast, “is… Read more »

New federal law targets elder abuse and exploitation

According to a report by Rhonda McMillion, an editor of the ABA (American Bar Association) Washington Letter, a publication of the ABA Governmental Affairs Office, a new federal law championed by the ABA will fight elder abuse and exploitation. The report, which appeared in the December 2017 issue of the ABA Journal, notes the following:… Read more »

Commericial property valuations in divorce litigation

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 »

Attorney Tyler Smith successfully argues “rising blood alcohol” defense in OUI case

Representing a client in a hearing before the Maine Bureau of Motor Vehicles, Attorney Tyler Smith successfully argued a “rising blood alcohol” defense in an operating under the influence case.  Our client was allegedly witnessed consuming alcohol in a parking lot. The witness called the police, who promptly responded and stopped the client after he… Read more »

Massachusetts Supreme Judicial Court issues ruling on employee use of medical marijuana

The Massachusetts Supreme Judicial Court recently decided that employees of Massachusetts corporations and of out-of-state corporations doing business with operations in Massachusetts are permitted to use medical marijuana and cannot be fired for failing a drug test due to medical marijuana usage.  On July 17, 2017, the Massachusetts Supreme Judicial Court in the case of… 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 »