Posts Categorized: Articles

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 »

Maine Law Court clarifies 2013 amendment to spousal support statute

Spousal support, also known as alimony, is a major area of conflict in many Maine divorce cases. Spousal support is not awarded in every divorce and, even when it is awarded, there is no specific formula used to determine the amount or length of support. In recent years the Maine laws that govern spousal support… Read more »

Use of experts in divorce litigation

Divorces, like general civil litigation, involve the use of experts in a variety of areas.  This article is the second installment in a series providing general information about the use of expert testimony and opinion testimony in divorce litigation.  The entire Chapter regarding the Use of Experts in Divorce Litigation is due to be published by… Read more »

Maine Redefines How You Become a Parent (Legally)

The Maine Legislature has created a new law, becoming effective in July 2016, that redefines how a person becomes a parent, legally speaking. The new law is a drastic departure from existing Maine law and it creates several “new” ways that a person could become a legal parent of a child. There are many ways… Read more »

Use of experts in divorce litigation

Divorces, like general civil litigation, involve the use of experts in a variety of areas. The two principle issues in any divorce involve parental rights and responsibilities with respect to minor children and the identification and valuation of marital property. Expert testimony can be utilized to establish a variety of facts with respect to the… Read more »

Appeal of Maine criminal cases to be considered by U.S. Supreme Court

On October 30, 2015, the Supreme Court of the United States granted certiorari (Voisine, et al., v. United States, U.S. Supreme Court, No. 14-10154 )to two petitioners who have been convicted in the State of Maine for charges of misdemeanor domestic violence.  More plainly stated this means that the U.S. Supreme Court has decided to review… Read more »

Maine Estate Tax Update

On June 30, 2015 the Maine Legislature voted to override Governor LePage’s veto of the State Budget, which means the proposed Budget became law.   Among the changes to Maine law as a result of the veto override was a change to the Maine Estate Tax Law, codified as 36 M.R.S.A. §§ 4101-4118, which is set… Read more »