Tyler Smith recently obtained a dismissal of an operating under the influence (OUI) charge with a .33 breath test. Our client was stopped for speeding. The officer asked the client to exit the vehicle and administered field sobriety tests. The officer’s report stated that client did not pass any of the field sobriety tests. The… Read more »
Hung Jury in .15 BrAC OUI Jury Trial: OUI Case Dismissed.
Tyler Smith obtained a hung jury in an OUI trial with a .15 BrAC, leading to a dismissal of the OUI charge against the firm’s client. The client was stopped for running a stop sign. The officer administered the three standardized field sobriety tests and the lack of convergence test. He then arrested the client,… Read more »
Client’s Driver’s License Reinstated After Hearing
Attorney Tyler Smith recently won a recission of a client’s license suspension at a hearing before the Maine Bureau of Motor Vehicles (BMV). According to the officer, our client was observed making a dangerous traffic maneuver. After being stopped, the client was subjected to field sobriety tests and, as a result, was arrested for operating… Read more »
Keith Richard Obtains Preliminary Injunction Halting Subdivision
Keith Richard successfully obtained a preliminary injunction on behalf of a client seeking title to land by adverse possession. The injunction effectively halted planned construction of an access road to a subdivision over the property. Unless the developer finds an alternative access road, the development will be on hold until the conclusion of the litigation.
Keith Richard wins Law Court appeal in land use case
Keith Richard recently prevailed in an appeal before the Maine Supreme Judicial Court, sitting as the Law Court. Keith successfully overturned an adverse decision for the client in Superior Court, in an appeal that required supplemental briefing and oral argument. In Hill v. Town of Wells, 2021 ME 38, the Court held that the Wells zoning board… Read more »
Gene Libby and Keith Richard win Law Court appeal defending malpractice verdict
Attorneys Gene Libby and Keith Richard recently prevailed in an appeal before the Maine Supreme Judicial Court, sitting as the Law Court. The appeal was briefed and argued by Attorney Richard and this represents his first win at the Court. The appeal was from a 2018 jury verdict in their client’s favor on claims for legal… Read more »
Attorney Keith Richard wins dock zoning appeal
Attorney Keith P. Richard recently successfully appealed a permit denial decision on behalf of a client in Poland, Maine. The client applied for a permit to install a dock but was denied on the basis that there was insufficient frontage pursuant to the Town ordinance. At a hearing before the Zoning Board of Appeals, Attorney… Read more »
Brian Champion and Keith Richard obtain Rule 12(b)(6) dismissal in Middlesex Superior Court
Attorneys Brian L. Champion and Keith P. Richard recently obtained a Rule 12(b)(6) dismissal of a case brought against their client doctor in the Middlesex Superior Court in Woburn, Massachusetts.
Tyler Smith successfully defends town in employment dispute
In August 2019, Tyler Smith successfully defended a Town in a lawsuit for judicial review brought by a former town employee. The Plaintiff argued that his separation from employment was accomplished through means that were pretextual, arbitrary and capricious, and without any rationale basis. After written briefing and oral argument, the Court rejected these arguments… Read more »
Attorneys Tyler Smith and Timothy O’Brien Win Appeal in Whistleblower Lawsuit
Attorneys Tyler Smith and Tim O’Brien recently won a victory for a client in the Maine Supreme Judicial Court in Lee v. Town of Denmark, 2019 ME 54. The plaintiff brought claims against our client for whistleblower retaliation, unpaid wages, and defamation. Attorneys Smith and O’Brien filed a successful motion for summary judgment in the… Read more »