Posts Categorized: Results

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 »

LOKC prevails in legal malpractice suit

Attorneys Gene Libby and Keith Richard represented a woman who received negligent legal services during her divorce in 2008. Her counsel at the 2008 trial failed to conduct discovery, failed to provide the Court the necessary language to divide military pensions under the Armed Services Former Spouse Protection Act, and failed to request spousal support… 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 »

Tyler Smith successfully defends client against protection order extensions

Several years ago, our client’s ex-husband and daughter obtained protection orders. They used these orders to restrict our client’s activities and make various complaints to the police about perceived violations. In 2016, Attorneys Gene Libby and Tyler Smith won an acquittal for the client with regard to one of these complaints – that the client… Read more »

Attorneys Gene Libby and Tyler Smith establish free speech violation

Our client criticized a member of the Kittery Town Council on February 22, 2017.  The Chairperson of the Council, Gary Beers, had the client removed for “casting aspersions on a sitting councilor.”  Attorney Gene Libby filed a Notice of Claim against the town and negotiated a settlement, without filing a complaint, that included a written… Read more »