Federal court blocks Obama Administration’s overtime expansion rule
On Tuesday, November 22, 2016, a federal judge placed a nationwide hold on a new Department of Labor rule, set to go into effect on December 1, 2016, that would have made millions of additional workers eligible for overtime pay. The Fair Labor Standards Act exempts from its overtime requirement “any employee employed in a… Read more »
Gene R. Libby and Timothy J. O’Brien Recognized by Best Lawyers
Two partners at Libby O’Brien Kingsley & Champion, LLC – Gene R. Libby and Timothy J. O’Brien – were selected by their peers for inclusion in the 2017 edition of The Best Lawyers in America.© Gene Libby was selected by Best Lawyers® for the practice areas of Criminal Defense: General Practice, Criminal Defense: White-Collar, and Family Law.… Read more »
Tyler Smith submits amicus brief in OUI case before the Maine Law Court
On behalf of the Maine Association of Criminal Defense Lawyers, Tyler Smith drafted and submitted an amicus brief to the Maine Law Court in the case of State of Maine v. Micah Day. The issue before the Court is “[w]hether the admission of a defendant’s refusal to submit to testing for blood-alcohol content at a… Read more »
Michael E. Saucier joins Libby O’Brien Kingsley & Champion, LLC
Libby O’Brien Kingsley & Champion, LLC is pleased to announce that Michael E. Saucier has joined the firm as Counsel. Michael’s areas of practice include civil rights and municipal liability, commercial litigation, employment practices liability, products liability, professional liability and property and casualty defense. Michael joins the firm after having spent many years as a… Read more »
Circumstantial evidence can present a “convincing mosaic” of gender discrimination
So holds a recent decision by the First Circuit Court of Appeals. In Burns v. Johnson, — F.3d — (1st Cir. 2016), the First Circuit vacated a district court’s decision granting summary judgment to an employer, after the district court concluded the employee’s evidence of gender bias amounted to speculative conclusions about a supervisor’s motivation.… Read more »
Opinion testimony by expert witnesses in divorce litigation
In addition to the evidentiary standards contained in the Maine Rules of Evidence, the Maine Supreme Judicial Court (the “Law Court”) has identified specific judicial standards and procedures that are applicable to the admissibility of expert testimony. While a primary test for admissibility are the Rules of Evidence, judicially crafted standards and limitations constitute a… Read more »
Opinion testimony by lay witnesses in divorce litigation
In divorce litigation, like civil litigation in general, opinion testimony is not limited to experts. Lay witnesses, especially the parties to a divorce case, may testify with respect to the valuation of real and personal property despite a lack of expertise. Rule 701 of the Maine Rules of Evidence provides that: If the witness is… Read more »
Tim O’Brien recognized for expertise in employment law
Chambers & Partners, an international organization that evaluates and ranks attorneys, has once again recognized Tim O’Brien, a founding partner at Libby O’Brien Kingsley & Champion, LLC, for his expertise in employment law in Maine in its recently released 2016 Guide for lawyers in the United States. According to Chambers, the annual guide is the… Read more »
Longer living seniors means thoughtful planning now!
“Live long and prosper” – is something we all aspire to during our lifetimes. However, living longer brings with it issues that most of us do not want to think about, but issues that are likely to happen whether we want them to or not. The “Baby boomers,” those born between 1946 and 1964, are… Read more »
Common issues in adoptions
With the new enactment of the Maine Parentage Act coming up in July 2016, we are looking ahead to some changes that will be happening with adoptions in Maine. Before talking about those, however, it is worth revisiting adoptions generally and some common legal issues and considerations if you are considering an adoption. This article… Read more »