Posts Categorized: Results

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 »

Attorney Tyler Smith successfully argues “rising blood alcohol” defense in OUI case

Representing a client in a hearing before the Maine Bureau of Motor Vehicles, Attorney Tyler Smith successfully argued a “rising blood alcohol” defense in an operating under the influence case.  Our client was allegedly witnessed consuming alcohol in a parking lot. The witness called the police, who promptly responded and stopped the client after he… Read more »

Aggravated drug trafficking convictions overturned in Law Court win

Tyler Smith successfully prosecuted an appeal before the Maine Law Court, State v. Pinkham, 2016 ME 59, resulting in the Court vacating three convictions for Aggravated Trafficking in Scheduled Drugs (Heroin). Maine’s drug trafficking laws provide that one way that someone can “traffick” in scheduled drugs is by possessing 2 grams or more of heroin,… Read more »

Unanimous jury acquits client of felony “Strangulation” charge

On April 5, 2016, Attorneys Gene Libby and Tyler Smith won a jury acquittal for a client charged with Aggravated Assault, Domestic Violence Assault, and Domestic Violence Criminal Threatening in the Oxford County Superior Court, South Paris, Maine. The charges stemmed from a complaint filed by the alleged victim in August 2014. The police failed… Read more »

FMLA and whistleblower claims against firm’s client dismissed

Libby O’Brien Kingsley & Champion successfully defended against a lawsuit for FMLA interference, FMLA retaliation, and Whistleblower retaliation in U.S. District Court for the District of Maine.  Timothy J. O’Brien and Tyler J. Smith represented an employer who discharged the Plaintiff for repeated violations of the employer’s attendance policy.  After her discharge from employment, the Plaintiff… Read more »

Maine Supreme Judicial Court rules that defamation case brought by Firm’s clients may move forward

Gene Libby and Tyler Smith successfully defended an appeal filed by a defendant in a defamation case. The defendant moved to have the case dismissed under the Maine anti-SLAPP statute, 14 M.R.S. § 556. The statute requires that the motion be filed within 60 days of the service of the complaint, and the defendant here… Read more »

Maine Supreme Judicial Court rules that variance granted in 1973 remains effective

Gene Libby and Tyler Smith of Libby O’Brien Kingsley & Champion successfully defended an appeal in a land use case before the Maine Supreme Judicial Court in Campbell v. City of South Portland, 2015 ME 125. Our client owns a parcel of land in South Portland.  In 1973, a prior owner obtained a dimensional variance allowing… Read more »