Maine Supreme Court vacates OUI conviction due to improper jury instructions
In State v. Thurlow, the Law Court vacated Mr. Thurlow’s conviction for operating under the influence and ruled that he was entitled to a new trial because the trial court incorrectly instructed the jury about the evidentiary significance of his refusal to submit to a breath test. At the time of the traffic stop, Thurlow’s… Read more »
Frequently Asked Questions About OUI in Maine
If you or a loved one has been arrested for drunk driving, known as operating under the influence (OUI) in the State of Maine, you probably have many questions. The criminal defense attorneys at Libby O’Brien Kingsley & Champion are knowledgeable about OUI law and are experienced in representing clients facing OUI charges. Below are… Read more »
Preparing For Your First Oral Argument Before the Maine Supreme Court
Presenting an oral argument to an appellate court can be an exciting experience. The oral argument also presents an opportunity to enhance your credibility with the bench, instill confidence in your argument, and improve your chances of success. Below are seven tips for presenting an effective oral argument. Select the Best Issues Effective oral argument… Read more »
Brian Champion is recognized for pro bono work by the Clients’ Security Board of the Supreme Judicial Court of Massachusetts
Brian Champion was recently recognized by the General Counsel and Executive Director of the Clients’ Security Board of the Massachusetts Supreme Judicial Court for his successful pro bono representation before the Board on behalf of a client in fiscal year 2019. The Clients’ Security Board oversees a fund that is used to reimburse members of… Read more »
Maine Supreme Court decides that Kennebunkport owns Goose Rocks Beach
The Maine Supreme Judicial Court recently decided Almeder v. Town of Kennebunkport. The closely-watched and protracted case concerned the use and ownership of Goose Rocks Beach in Kennebunkport. First filed in 2009, the case wound through the Maine courts for two phases of trials and an appeal to the Supreme Court before reaching the Court… Read more »
U.S. Dept. of Labor issues final rule to update regulations relating to exemption of workers from minimum wage and overtime pay requirements
On Tuesday, September 24, 2019, the Wage and Hour Division of the United States Department of Labor (the “Department”) issued a new Final Rule (summarized in a Fact Sheet released by the Department) to update the regulations defining and delimiting the exemptions for executive, administrative, or professional employees. According to the Department, the new regulations issued… Read more »
Tyler Smith successfully defends town in employment dispute
In August 2019, Tyler Smith successfully defended a Town in a lawsuit for judicial review brought by a former town employee. The Plaintiff argued that his separation from employment was accomplished through means that were pretextual, arbitrary and capricious, and without any rationale basis. After written briefing and oral argument, the Court rejected these arguments… Read more »
Maine’s New Law Banning the Use of Handheld Phones and Devices While Driving Goes Into Effect on September 19, 2019
In an effort to stem the increase in accidents and fatalities resulting from distracted driving, “An Act to Prohibit the Use of Handheld Phones and Devices While Driving,” PL 2019, c. 486, will go into effect on September 19, 2019. The new law will generally prohibit drivers in Maine from using handheld phones and devices… Read more »
Sobriety Checkpoints in Maine
As summer begins, motorists can expect to see an uptick in sobriety checkpoints, also known as OUI checkpoints. Police officers will set up a roadblock to stop motorists and determine if the motorist is impaired. The U.S. Supreme Court and the Maine Law Court have each held that a properly conducted sobriety checkpoint is an… Read more »
Attorneys Tyler Smith and Timothy O’Brien Win Appeal in Whistleblower Lawsuit
Attorneys Tyler Smith and Tim O’Brien recently won a victory for a client in the Maine Supreme Judicial Court in Lee v. Town of Denmark, 2019 ME 54. The plaintiff brought claims against our client for whistleblower retaliation, unpaid wages, and defamation. Attorneys Smith and O’Brien filed a successful motion for summary judgment in the… Read more »