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 »
Seventh Circuit holds that sexual orientation discrimination is a form of sex discrimination under Title VII of the Civil Rights Act of 1964
The U.S. Court of Appeals for the Seventh Circuit released a landmark decision on April 4, 2017, opening the door for Title VII claims for alleged discrimination on the basis of sexual orientation. Title VII of the Civil Rights Act of 1964 makes it unlawful for employers to discriminate on the basis of a person’s… 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 »
Federal court blocks Obama Administration’s overtime expansion rule
On Tuesday, November 22, 2016, a federal judge placed a nationwide hold on a new Department of Labor rule, set to go into effect on December 1, 2016, that would have made millions of additional workers eligible for overtime pay. The Fair Labor Standards Act exempts from its overtime requirement “any employee employed in a… 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 »