Milbridge, Mano en Mano Settle

A lawsuit involving the town of Milbridge and Mano en Mano, a local nonprofit, was settled in U.S. District Court last week, a move expected by all parties. Magistrate Judge Margaret J. Kravchuk ordered that all details be completed within 30 days, at which time the suit filed by Mano en Mano will be dismissed.

The lawsuit, initiated last summer, was based on alleged violations of the federal Fair Housing Act. Mano en Mano, a nonprofit advocacy group, was using $1.6 million in federal grant funds to construct a housing unit for permanent agricultural workers.When Milbridge voters in June 2009 approved a moratorium on such facilities, Mano en Mano sued the town.

via Bangor Daily News.

By downeastlaw, ago

Three judges nominated

The governor says he is nominating David Soucy of Fort Kent to be a District Court judge. Soucy is now an attorney in private practice.  Baldacci is also nominating Judge Wayne Douglas of Old Orchard Beach to be reappointed to District Court, where he has served since 2002.  Justice William Brodrick of Wells is being nominated for reappointment as active retired Superior Court justice. Brodrick has served as a judge for nearly 30 years.

via Boston.com.

By downeastlaw, ago

UDC Law as Guide for S. NE Law school

My alma mater, the UDC School of Law, is being looked at as a model for the UMass law school.

The city of Washington launched its public law school in 1988 with a lofty goal: to provide a legal education to minorities underrepresented in the field and empower them to serve their own communities and others in need.

… And its tumultuous journey offers hope and some valuable lessons for Massachusetts, where higher education officials are poised to approve a controversial plan to turn a little-known, poorly regarded law school in Southeastern Massachusetts into the state’s first public law school. The Board of Higher Education, which rejected a similar plan four years ago, is set to cast its vote Tuesday.

via  The Boston Globe.

By downeastlaw, ago

Longtime DA to Retire

The only district attorney to represent Maine’s Hancock and Washington counties since the system was created 35 years ago is planning to retire. Sixty-six-year-old Michael Povich of Ellsworth … held the post since Jan. 1, 1975, when Maine replaced the old county attorney system with district attorneys. Povich tells the Bangor Daily News one of the big differences in the criminal justice system is how domestic violence and sexual assault cases are prosecuted.  He says such cases used to be dismissed more often because of reluctance by victims to testify, or they ended up with fines and no jail time.

via  The Portland Press Herald.

By downeastlaw, ago

Verrill Dana Saga Continues

The Portland Press Herald reports on the latest in the fallout from former Verrill Dana attorney John Duncan’s massive theft from the firm’s clients.  The state bar ethics board is trying to find out more about what and when the firm knew about Duncan’s actions, but the firm is claiming attorney-client privilege.

Libby eventually reached an agreement with Verrill Dana regarding his resignation. He pledged not to disclose the information he had gathered unless a court ordered him to do so. That’s exactly what Davis seeks. He issued a subpoena to Libby on Sept. 8, 2008. Davis wants Libby’s testimony and all of the documents. Verrill Dana filed a motion to quash the subpoena. The dispute went to Justice Warren Silver of the Maine Supreme Judicial Court. Silver reviewed the documents in his chambers, and he denied Verrill Dana’s motion.  Silver ruled that no attorney-client privilege existed because Libby “may have uncovered criminal conduct by partners of Verrill Dana.

“Under federal and state law, communications between clients and lawyers are no longer protected if the purpose of the communications was to aid in the commission of a fraud or a crime, or to actively conceal past wrongdoing. Justice Silver ordered Libby to turn over the documents to Davis. But Verrill Dana appealed to the full state Supreme Court.

In the Oct. 27 decision, the majority of the justices felt that Silver did not include enough information in his order to support the disclosure of the documents. Justices Robert Clifford, Jon Levy, Andrew Mead and Ellen Gorman sent the case back to Silver for clarification. They essentially asked Silver to review the law again and to make sure that the documents obtained by Libby are exempt from attorney-client privilege. It is not known whether Silver has issued a second order, which will likely have a major impact on the course of Davis’ inquiry.


By downeastlaw, ago

Court Rejects General Duty of Care

For most people on a day to day basis, there is no duty of care owed to other people. Some people do have a duty, such as doctors who have a duty to their patients, or landlords who have a duty to their tenants. In a recent case, the Maine Supreme Court weighed if people owe a duty to others if action could prevent further harm.* So while you may be considered a hero if you save someones life who is in danger, you do not have a legal obligation (unless you put that person in the danger).

Steven Cilley, 54, of Princeton, sued Jennifer Lane, of Princeton, over the death of Cilley’s son. Joshua Cilley died on Jan. 31, 2005, at age 27 in the Calais Regional Hospital emergency room of a gunshot wound to the abdomen from a .22-caliber bullet. He was shot while in Lane’s trailer, according to court documents.

Lane, described as the younger man’s on-again, off-again lover, allegedly sat with him for at least 15 minutes after he was shot before attempting to seek medical assistance. Steven Cilley said earlier this year that the doctor who treated his injured son told him Joshua Cilley could have been saved if he had arrived at the hospital five minutes earlier.
…
“Because Cilley was a trespasser at the time of the incident, Lane’s only duty to him was to refrain from wanton, willful, or reckless behavior,” Justice Ellen Gorman wrote for the court. “Lane’s failure to contact emergency assistance for Cilley immediately after she heard the pop [of the gunshot] does not rise to the level of wanton, willful, or reckless behavior because Lane did not create the danger to Cilley, nor commit any act that led to his initial injury.”

via Bangor Daily News.

* I have not read the full case so I don’t know how the issue was exactly presented to the court.

Updated: The case indicates: The Estate contends that Lane owed Cilley a duty of care because he was a social guest in her home, and in the alternative has asked us to recognize a new common law duty: the affirmative duty to seek emergency assistance through reasonable means.

By downeastlaw, ago

Plum Creek’s Payments to Supporters Questioned

The Plum Creek Timber Company paid the expenses for groups that supported its efforts to get approval for a large scale development project in the Moosehead Lake region.  While these groups may have wanted much of what Plum Creek was proposing, the amount of money paid to these groups suggests they may have been acting more as agents of Plum Creek rather than as independent organizations.   The question is if the groups, through their testimony and submissions, stated what their members wanted or what Plum Creek told them to say.

The payments to groups such as the Piscataquis County Economic Development Council, the Maine Snowmobile Association and the Maine State Chamber of Commerce should have been disclosed to the land use commission, said Cathy Johnson, north woods project director for the Natural Resources Council of Maine, one of a few groups that have filed court appeals to block the project.”It’s the applicant paying to get testimony that’s purporting to be independent but in fact isn’t,” she said ….

Plum Creek agreed to pay the attorney fees for a group that included the snowmobile association and organizations representing ATV riders, outdoor guides and bow hunters. The fees ended up exceeding $100,000, Meyers said, although he didn’t know the exact amount.

via Portland Press Herald.

By downeastlaw, ago

Firm Suing over Price of Document Access

Currently it costs $2 – $4 per page to download pages from the Register of Deeds of the Counties that post them. This company is challenging those rates.

An official with MacImage of Maine LLC said Wednesday that his firm filed a court complaint late Tuesday afternoon accusing 13 counties in the state of violating the state’s Freedom of Access Law. The complaint, filed in Cumberland County Superior Court, names Androscoggin, Aroostook, Cumberland, Franklin, Kennebec, Knox, Lincoln, Penobscot, Sagadahoc, Somerset, Waldo, Washington and York counties as defendants. MacImage is not suing Piscataquis County because that county has agreed to provide the firm with electronic copies of all of the documents filed in its Registry of Deeds. According to Linda Smith, registrar of deeds in Piscataquis County, the county avoided being sued by agreeing to have its online database contractor, Affiliated Computer Services, charge MacImage a bulk rate of 2½ cents for each page.

via Bangor Daily News.

By downeastlaw, ago

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.

By downeastlaw, ago

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.


By downeastlaw, ago