The use of expert testimony regarding real estate valuations in divorce actions
Areas in which to use expert testimony in a divorce action are limited only by counsel’s creativity based on the unique challenges each case presents. The most basic form of expert testimony in a divorce trial is real estate appraisal. Although the owner of a property can testify to its value, Nelson v. Leo’s Auto… Read more »
Tyler Smith is selected for 2017 Maine State Bar Association Leadership Academy
Tyler Smith, an associate attorney at Libby O’Brien Kingsley & Champion, LLC, was selected to participate in the 2017 Maine State Bar Association Leadership Academy. The Leadership Academy is an eight month program designed to foster professional growth and leadership skills among member attorneys who have been in practice for more than two years but… Read more »
Kennebunk High School Mock Trial Team competes in State finals
Congratulations to the members of 2016 Kennebunk High School Mock Trial Team for their stellar performance in the State Finals of the Maine High School Mock Trial Competition. The team, ranging from freshmen to seniors, was led by teacher coach Tom Dupuis of Kennebunk High School and attorney coach Paige Streeter of Libby O’Brien Kingsley… Read more »
Federal court blocks Obama Administration’s overtime expansion rule
On Tuesday, November 22, 2016, a federal judge placed a nationwide hold on a new Department of Labor rule, set to go into effect on December 1, 2016, that would have made millions of additional workers eligible for overtime pay. The Fair Labor Standards Act exempts from its overtime requirement “any employee employed in a… Read more »
Gene R. Libby and Timothy J. O’Brien Recognized by Best Lawyers
Two partners at Libby O’Brien Kingsley & Champion, LLC – Gene R. Libby and Timothy J. O’Brien – were selected by their peers for inclusion in the 2017 edition of The Best Lawyers in America.© Gene Libby was selected by Best Lawyers® for the practice areas of Criminal Defense: General Practice, Criminal Defense: White-Collar, and Family Law.… Read more »
Tyler Smith submits amicus brief in OUI case before the Maine Law Court
On behalf of the Maine Association of Criminal Defense Lawyers, Tyler Smith drafted and submitted an amicus brief to the Maine Law Court in the case of State of Maine v. Micah Day. The issue before the Court is “[w]hether the admission of a defendant’s refusal to submit to testing for blood-alcohol content at a… Read more »
Michael E. Saucier joins Libby O’Brien Kingsley & Champion, LLC
Libby O’Brien Kingsley & Champion, LLC is pleased to announce that Michael E. Saucier has joined the firm as Counsel. Michael’s areas of practice include civil rights and municipal liability, commercial litigation, employment practices liability, products liability, professional liability and property and casualty defense. Michael joins the firm after having spent many years as a… Read more »
Circumstantial evidence can present a “convincing mosaic” of gender discrimination
So holds a recent decision by the First Circuit Court of Appeals. In Burns v. Johnson, — F.3d — (1st Cir. 2016), the First Circuit vacated a district court’s decision granting summary judgment to an employer, after the district court concluded the employee’s evidence of gender bias amounted to speculative conclusions about a supervisor’s motivation.… Read more »
Opinion testimony by expert witnesses in divorce litigation
In addition to the evidentiary standards contained in the Maine Rules of Evidence, the Maine Supreme Judicial Court (the “Law Court”) has identified specific judicial standards and procedures that are applicable to the admissibility of expert testimony. While a primary test for admissibility are the Rules of Evidence, judicially crafted standards and limitations constitute a… Read more »
Opinion testimony by lay witnesses in divorce litigation
In divorce litigation, like civil litigation in general, opinion testimony is not limited to experts. Lay witnesses, especially the parties to a divorce case, may testify with respect to the valuation of real and personal property despite a lack of expertise. Rule 701 of the Maine Rules of Evidence provides that: If the witness is… Read more »