Small Claims Limit Raised to $6000

The maximum amount of a claim that can be brought to the Small Claims court is now $6000, up from $4500.

Title 14, §7482: Definition of a small claim:

Notwithstanding the total amount of a debt or contract, a “small claim” means a right of action cognizable by a court if the debt or damage does not exceed $6,000 exclusive of interest and costs. It does not include an action involving the title to real estate.

See here for more on Small Claims in Maine.

FairPoint files for Ch. 11

Portland Press Herald.:

Telecommunications services provider FairPoint Communications Inc. said Monday it has filed for Chapter 11 bankruptcy protection after agreeing on a deal with key lenders that will help lower its debt by $1.7 billion.

Charlotte, N.C. Fairpoint said the restructuring plan with lenders holding more than half of its outstanding secured debt is subject to bankruptcy court approval.The company said it expects to continue operating as normal while awaiting that approval.

Last week, the governors of Maine, New Hampshire and Vermont said they want assurances from FairPoint that any debt restructuring by the company won’t further erode customer service. FairPoint owns and operates phone companies in 18 states with a total of 1.65 million lines, but its largest holdings are in Maine, New Hampshire and Vermont.

The company, which bought Verizon’s land lines and Internet services for $2.3 billion in 2008, has been plagued with customer service and operational problems in those regions.


Flat Rate Legal Fees

I have posted a list of the legal services I offer at a flat rate instead of the usual hourly billing. This allows clients to take as much time as they need to ask questions and to discuss important issues without worrying about the clock. It also allows for the budgeting of these services which some people may skip if they think it will cost them too much.

Go to my rates page.

The list is not exhaustive of the work I will do at a flat rate, but can give a sense for what other services may cost. Feel free to contact me at ertlaw@gmail.com to discuss help you may need.

Lawyer Suspended for Abusing Puppy

Seth Carey, who was suspended earlier in the year for another matter, was again sanctioned for conduct unbecoming a member of the bar.

The latest complaint lodged against Carey came from a woman who alleged he physically abused her German shepherd puppy at her home during an October visit last year. She said he was expressing his anger toward a prosecutor for the board who had been handling complaints brought by Maine lawyers and judges. Carey later refused to leave the woman’s home after being asked to. She described his behavior as “unhinged” and said she was wary about being in his presence.

via Sun Journal.

First Distracted Driver Citation

KITTERY — A New Hampshire teenager has been cited under Maine’s new distracted-driving law after allegedly crashing her car into a utility pole while texting on her cell phone.

Kittery police Sgt. Charles Denault told the Portsmouth Herald that 19-year-old Jessica Jones admitted that she was texting when she crashed into the pole on Leach Road at about 1:30 p.m. Sunday, knocking out power to the neighborhood for the remainder of the afternoon.

via Portland Press Herald.

Legal Aid Needs Not Being Met

The state’s six nonprofit legal aid providers are struggling to meet the needs of Maine’s poor and elderly, as the demand for legal services continues to rise and funding for the agencies drops.

Over a two-month period this spring, the six agencies received about 6,400 requests for legal help, ranging from assistance in foreclosure proceedings to help with child custody cases.

They were able to fully meet the needs in only 1,500 of those cases – fewer than one in four. The other 4,900 received either limited help or no help at all, according to figures released Thursday.

“Having it in black and white confronts you with the reality that the folks who come to us for help already know,” said Nan Heald, executive director of Pine Tree Legal Assistance, Maine’s largest legal aid provider.

via Portland Press Herald.

Watch for Fake $100 Bills

KITTERY, Maine — Police are working with the Secret Service to determine who’s responsible for the recent use of counterfeit $100 bills spent in New Hampshire and Maine stores.

Police had turned up 19 fake $100 bills as of Wednesday afternoon and expect to get more reports.

via  WMTW Portland.

New Marketing Law Won’t Be Enforced

A new Maine law restricting marketing to minors is so problematic that Attorney General Janet Mills will not enforce the measure, her office said Friday.

“The Attorney General’s position is that she’s not enforcing the law,” Maine Deputy Attorney General Paul Stern said Friday.

Stern added that the authorities take the position that the measure could violate teens’ free speech rights — an argument raised last week by groups who mounted a court challenge to the statute. “We share some of the plaintiffs’ concerns about the law,” Stern said.

via MediaPost.

Bangor Bookseller’s Suit Against Amazon.com to Continue

Mainebiz:

A federal judge is allowing a Bangor publisher and bookseller to proceed with its antitrust lawsuit against Amazon.

In a court order filed Wednesday, Chief U.S. District Court Judge John Woodcock Jr. denied Amazon’s motion to dismiss the lawsuit filed against it by BookLocker, a Bangor-based print-on-demand publisher and bookseller. In May 2008, BookLocker filed the complaint against Amazon, alleging the online retailer is violating a federal antitrust law by forcing print-on-demand publishers to use its BookSurge subsidiary to print books if they want to sell them directly on Amazon. BookLocker alleges that using BookSurge would force it to take a loss on almost every book sold, according to the court documents.