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 »
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 »
Maine Supreme Judicial Court decision eases the burden on employees at summary judgment in discrimination cases
Last week the Maine Supreme Judicial Court issued a decision in Brady v. Cumberland County, 2015 ME 143, in which it declared that it was moving away from a long-held test for summary judgment motions, and thereby easing the burden on employees to proceed to a full trial in discrimination cases. The case involved a… 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 »