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 »
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 »
U.S. Supreme Court to consider lawfulness of criminal “implied consent” laws
Maine, like many states, has an “implied consent” law to assist in drunk driving investigations. Those laws generally require motorists to submit to warrantless blood or breath tests in drunk driving investigations if certain conditions are met. If the person refuses, the law will impose some form of a penalty. Earlier this month, in three… Read more »