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 »
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 »
Gene Libby and Tara Rich to speak at “Lawyers in Libraries” program in Kennebunk on May 3, 2016
Because libraries are at the heart of our communities and justice is at the heart of our democracy, librarians and lawyers are joining forces! In recognition of Law Day, and in conjunction with the Lawyers in Libraries program, Maine lawyers will be present at prearranged times at many Maine public libraries throughout the state to… Read more »
Second Circuit recognizes individual liability under FMLA
In a recent decision, Graziadio v. Culinary Institute of America, the Second Circuit Court of Appeals concluded that supervisors can be held individually liable for violations of the Family Medical Leave Act (FMLA). Under the FMLA, only an employer may be held liable for violations of the statute. To decide who qualifies as an “employer,” the Second… 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 »
New family law treatise features chapters authored by Gene R. Libby and Brian L. Champion
Earlier this year, Gene R. Libby and Brian L. Champion authored chapters in A Practical Guide to Divorce in Maine, a new treatise designed to assist Maine family law practitioners. Gene’s chapter, “Use of Experts,” covers the effective use of experts in family law matters, including asset valuation and custody disputes. Brian’s chapter, “Separation Agreements,”… Read more »
New Hampshire Supreme Court expands personal liability in unlawful discrimination cases
NEW HAMPSHIRE SUPREME COURT EXPANDS PERSONAL LIABILITY IN UNLAWFUL DISCIRMINATION CASES TO INDIVIDUAL EMPLOYEES WHO AID AND ABET OR RETALIATE WITH REGARD TO DISCRIMINATION IN THE WORKPLACE. It is unlawful in New Hampshire to discriminate against anyone based on their age, sex, race, creed, color, marital status, familial status, sexual orientation, physical or mental disability… Read more »
Maine Law Court clarifies 2013 amendment to spousal support statute
Spousal support, also known as alimony, is a major area of conflict in many Maine divorce cases. Spousal support is not awarded in every divorce and, even when it is awarded, there is no specific formula used to determine the amount or length of support. In recent years the Maine laws that govern spousal support… Read more »