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 »
Use of experts in divorce litigation
Divorces, like general civil litigation, involve the use of experts in a variety of areas. This article is the second installment in a series providing general information about the use of expert testimony and opinion testimony in divorce litigation. The entire Chapter regarding the Use of Experts in Divorce Litigation is due to be published by… Read more »
Maine Redefines How You Become a Parent (Legally)
The Maine Legislature has created a new law, becoming effective in July 2016, that redefines how a person becomes a parent, legally speaking. The new law is a drastic departure from existing Maine law and it creates several “new” ways that a person could become a legal parent of a child. There are many ways… Read more »
U.S. Supreme Court to consider lawfulness of criminal “implied consent” laws
Maine, like many states, has an “implied consent” law to assist in drunk driving investigations. Those laws generally require motorists to submit to warrantless blood or breath tests in drunk driving investigations if certain conditions are met. If the person refuses, the law will impose some form of a penalty. Earlier this month, in three… Read more »
Reflecting on your estate plan for the coming new year
In Maine significant changes will occur in 2016. Namely, the Maine Estate Tax Exemption amount will increase to match the federal amount, which is currently $5.43 million for each spouse. Therefore, individuals who die after January 1, 2016 will be able to use the $5.4 million exception amount when considering estate tax liability at both… Read more »