Gene R. Libby

Gene R. Libby

Partner

Gene has a rich history of litigation experience over the last 30 years. He has tried over 100 civil and criminal jury cases to verdict. His practice focuses on a wide variety of civil and criminal litigation representing individuals and small businesses, including divorce, real estate disputes, small business litigation, elder law, personal injury, professional negligence and criminal defense. He has been listed in Best Lawyers in America since 2003 and named a New England Super Lawyer by his peers. In 2010, he was named one of the top 100 Maine trial lawyers by the American Trial Lawyers Association.  He is rated by his peers AV® Preeminent (5 of 5), the highest rating available from Martindale-Hubbell, the country’s oldest and most respected legal directory.

Gene served as District Attorney for York County between 1981-85. He continues to serve York County as General Counsel to the York County Commissioners and all County departments (Deeds, Probate, Sheriff, Corrections) since 1998.

He has undertaken numerous high profile divorce cases representing doctors, lawyers and corporate executives. He successfully litigated the first Maine divorce case to interpret the State’s 1999 marital property statute. Warner v. Warner, 2002 ME 156, 807 A.2d 603.

Gene has thirty years of experience in litigating a diverse mix of civil and criminal cases. Developing his original trial expertise as District Attorney, Gene now also devotes his time to a variety of litigation matters.  He gained early notoriety after leaving public office by successfully challenging, in a case of first impression, the introduction of DNA identification evidence.  This was only the second time nationally DNA evidence had been successfully challenged.  The case, Maine v. McLeod, was featured in a number of national publications including, The American Bar Journal, Science Magazine,Nature MagazineThe Bureau of National Affairs (BNA),Criminal Practice Manual.  Gene’s cross examination of the state’s forensic expert has been used as a model in the permanent edition of the BNA Criminal Practice Manual entitled, “Cross Examination of Experts.”

Gene has also represented a diverse group of business clients including The Boy Scouts of AmericaCatholic Charities of Maine and York County Government His successes include:

Boy Scouts of America—in state counsel for all litigation matters; successful defense of several sexual misconduct allegations in state and federal courts, SCA v. Boy Scouts of America, Docket No. CV-02-157-PC; J. H. v. Boy Scouts of America, Docket No. CV-00-45-PH.

Catholic Charities Maine—successfully challenged the City of Portland’s Domestic Partnership’s Ordinance establishing that the Ordinance could not regulate ERISA controlled health benefits;  Catholic Charities Maine v. City of Portland, Docket No. 03-CV-55-PH (first and only case to interpret and apply IRC 410(d)).

York County—successfully represented County in high visibility challenge by Judge of Probate to hold County Treasurer in contempt of court, York CountyRegister v. York County Probate Court, et. al., 2004 ME 58, 847 A.2d 395.

In 2001 Mr. Libby won a self-defense acquittal for his client charged with murdering an individual using a baseball bat.  In 2003 Mr. Libby successfully represented a former State Police Officer charged with arson of his restaurant.  He has spoken nationally at the National Association of Criminal Defense Lawyers on cross examination of experts and is a frequent speaker in Maine on a diverse group of legal topics.

Mr. Libby also represents severely injured clients in personal injury matters.  He settled a million dollar case for a minor who lost his thumb when a tree limb fell on him while on the school playground.


BAR ADMISSIONS/ PROFESSIONAL MEMBERSHIPS

STATE COURTS

1978, Maine and U. S. District Court, District of Maine
1990, First Circuit Court of Appeals, Boston, Massachusetts


MEMBERSHIPS

Fellow, Litigation Counsel of America
Maine State Bar Association
York County Bar Associations
American Bar Association
The Association of Trial Lawyers of America


EDUCATION

University of Southern Maine (B. S., Summa Cum Laude, 1974)
University of Maine School of Law (J. D., 1978)


COMMUNITY PUBLIC SERVICE

Founder, Board Member, Mary’s Walk
Board Member, Maine Cancer Foundation, President (2010-2012)
Incorporator, Southern Maine Medical Center (2000-present)
Saco City Council (1999-2003)
Maine Bar Association, Fee Arbitration Commission, Panel Chair (1998-2001)
York County Budget Committee, Chair (1994-1998)
Sentencing Options, Inc., Board of Directors (1988-1992)
Member, Maine Highway Traffic Safety Commission (1982-1984)
Member, Governor’s Working Group on Child Abuse and Neglect Legal Proceedings (1984)
York County District Attorney (1981-1985)


HONORS

BNA Criminal Practice Manual, “Rugged Cross Examination Exposes Flawed DNA Tests,” Vol. 4, No. 2, 31-38, (1990)
Science, “Maine Case Deals Blow to DNA Fingerprinting,” Vol. 246: 1556-58 (1989)
Listed in “Who’s Who in American Law,” (1995-1999)

best-lawyers-in-americaListed in The Best Lawyers in America since 2003Super Lawyers
Named a New England Super Lawyer by his peers

Named one of the Top 100 Trial Lawyers in 2010 by the American Trial Lawyers Association
Fellow, Litigation Counsel of America
Fellow, Maine Bar Foundation