Tyler Smith recently won a motion to suppress a hearing in an Operating Under the Influence (OUI) case. A police officer received a tip that a driver, later identified as our client, was driving erratically. The officer responded to the client’s home and was let inside by another occupant. Once inside, the officer confronted the… Read more »
Not Guilty Verdict In OUI Trial With A .17 Breath Test
A jury unanimously found Tyler Smith‘s client not guilty of operating under the influence after trial. If convicted, the client faced a maximum penalty of up to 364 days in jail and a $2,000 fine. He also faced a mandatory minimum penalty of 48 hours in jail, a $500 fine, and a 150-day license suspension.… Read more »
.33 OUI Dismissed
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 »
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 »
Tyler Smith wins appeal in commercial mortgage lawsuit
Tyler Smith won an appeal to the Maine Supreme Judicial Court, sitting as the Law Court, overturning a trial court decision that had enforced an unfavorable lease-extension against the firm’s client until the year 2059. In fact, the Law Court did not just overturn the trial court’s decision granting summary judgment to the tenant; it went one… Read more »
A “Hat Trick” for Libby, O’Brien, Kingsley & Champion
June was an extraordinary month for Libby O’Brien Kingsley & Champion. Gene Libby lead trial teams composed of associates Tyler Smith and Keith Richard to prevail in three multi-day jury trials that resulted in three unanimous jury verdicts for our clients. The trials were held in the Maine Superior Court in York County. When a case… Read more »
LOKC wins summary judgment on whistleblower, defamation, and wage and hour claims
Attorneys Tim O’Brien and Tyler Smith recently won summary judgment on behalf of an employer who was sued for whistleblower retaliation, defamation, and back pay. The employee argued that the employer had retaliated against him for complaining about perceived breaches of his employment contract, made defamatory statements about him, and owed back wages as a… Read more »