News

First Circuit doubles down on “Pretext-Plus” Test

The First Circuit recently reaffirmed its decision in Feliciano de la Cruz v. El Conquistador Resort & Country Club, 218 F.3d 1 (1st Cir. 2000). In Feliciano de la Cruz, the First Circuit affirmed a grant of summary judgment on a national original discrimination claim, even though the plaintiff case could point to evidence that… Read more »

Tyler Smith presents at 19th Annual Employment Law Update

In September 2020, Tyler Smith presented at the Maine State Bar Association’s 19th Annual Employment Law Update. Tyler spoke on the topic of “Employment Law – Year in Review,” with a focus on state and federal case law. He and his co-presenter surveyed the year’s developments and discussed some of the highlights for Maine employment… Read more »

Tyler Smith defends right to travel at First Circuit Court of Appeals

Attorney Tyler Smith presented oral argument on September 9, 2020, to the First Circuit Court of Appeals, defending the constitutional right to travel against Governor Janet T. Mills’ 14-day quarantine order. The appeal was brought by a Maine campground whose business has been harmed by the quarantine, as well as several individuals. The oral argument… Read more »

Attorney Keith Richard wins dock zoning appeal

Attorney Keith P. Richard recently successfully appealed a permit denial decision on behalf of a client in Poland, Maine.  The client applied for a permit to install a dock but was denied on the basis that there was insufficient frontage pursuant to the Town ordinance. At a hearing before the Zoning Board of Appeals, Attorney… Read more »

Can a dock be installed at the end of a right of way?

I have previously written about the law of docks in Maine (Docks and the Law, February 2019).  One issue that arises frequently is whether a dock can be installed at the end of a right of way.  A right of way, also called an easement, is a legal right to cross over the land of another.  An… Read more »

Libby O’Brien Kingsley & Champion files brief challenging 14-day quarantine in Maine

Attorneys Gene Libby and Tyler Smith filed an opening brief (Principal Brief for Appellants) in the First Circuit Court of Appeals in a federal lawsuit challenging an executive order by Maine Governor Janet Mills requiring that all people arriving in the State of Maine quarantine for 14-days due to the COVID-19 outbreak. The lawsuit was… Read more »

Domestic violence crimes in Maine

Domestic Violence Crimes in Maine Domestic violence crimes are among the most serious and frequently charged crimes in Maine. Even if charged as a misdemeanor, a domestic violence conviction will remain on your permanent criminal record and carries a stigma impacting you both professionally and personally. Types of Domestic Violence Crimes In Maine, the term… Read more »