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 »
Brian Champion and Tyler Smith win dismissal of $3.85 million attachment
In July 2015, Brian Champion and Tyler Smith of Libby O’Brien Kingsley & Champion, LLC won a dismissal of a New Hampshire action on behalf of three of their clients. The plaintiff in the case sought to register a $3.85 million prejudgment attachment from a Maine court in the State of New Hampshire. Attorneys Champion… Read more »
Jury awards client damages after 17 years
Gene Libby and Tyler Smith of Libby O’Brien Kingsley & Champion, LLC recently represented a client attempting to recover damages as a third-party beneficiary to a contract (actually a letter) prepared by the client’s father in 1998. The letter provided that the father’s son and daughter-in-law, as well as another son (the client), would share… Read more »
Libby O’Brien Kingsley & Champion successfully defends against request for substantial attorney fees for corporate client in contract case.
In April 2015, Attorneys Gene Libby and Tara Rich of Libby O’Brien Kingsley & Champion, LLC defended a Montana corporation in a Uniform Commercial Code arbitration brought by a Maine-based manufacturer. Attorneys Libby and Rich prevailed in arguing that the manufacturer’s boilerplate terms and conditions did not apply to the contract between the firm’s client… Read more »