Posts Categorized: Success Stories

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… 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 »

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 »

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 »

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 »

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 »