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 filed his motion to dismiss well after the time elapsed.
On appeal, the defendant’s attorneys argued that the trial judge misconstrued the deadline, and did not give due consideration to the purpose of the statute. The Maine Supreme Judicial Court, which heard oral argument last week, rejected that argument, and agreed with Attorneys Libby and Smith that the trial judge was vested with “broad discretion” to reject the untimely filed motion. As a result of the Court’s ruling, the defamation lawsuit filed on behalf of the firm’s clients may go forward.
Gene has a rich history of litigation experience over the last 30 years. He has tried over 100 civil and criminal jury cases to verdict. His practice focuses on a wide variety of civil and criminal litigation representing individuals and small businesses, including divorce, real estate disputes, small business litigation, elder law, personal injury, professional… Read more »
Tyler has a diverse litigation practice including criminal defense, appellate advocacy, civil litigation, and employment law in state and federal courts. Tyler has over a decade of experience in criminal defense. He is a graduate of NHTSA’s DWI Detection and Field Sobriety Testing training course. This is the exact training that law enforcement officers receive,… Read more »
Libby O'Brien Kingsley and Champion is a law firm focused on Criminal and Civil Litigation, Personal Injury, Wills and Trusts with experienced Estate Attorneys, Divorce Lawyers with Family Law and Sports Law in Maine, Massachusetts, and New Hampshire.