Just last week, an independent audit of the Roman Catholic Diocese of Portland revealed 11 new complaints of priest abuse against children — which occurred between 30 and 70 years ago — by four priests. Six of the complaints have been substantiated.A couple of weeks ago, the Irish government reported that its investigation into the Irish Roman Catholic Church revealed widespread child abuse — rape, molestation and mental cruelty — and a deliberate cover-up on the part of church leadership.Victims of the abuse are fighting back....
Law Articles
With the aging population, retirement of the baby boomers and increasing population of nursing homes, Maine lawyers undoubtedly will face a growing number of questions from clients concerning negligence, abuse and neglect of nursing home residents....
Here’s the scenario....
SummaryWrongful death and survival claims continue to coexist and provide valuable alternative approaches for plaintiffs seeking to recover for injuries that lead to death. Plaintiffs who do not meet all of the statutory requirements for a wrongful death claim may be able to follow a claim outside of the death act and can benefit from avoiding the death act's two-year statute of limitations and limitations on damages.I. Introduction...
SummaryIn Maine, odometer tampering is an unfair trade practice under Maine's Unfair Trade Practices Act. You can also make a federal case using the Motor Vehicle Information and Cost Savings Act....
SummaryWith both injury rates and amusement park attendance on the rise, one might expect a corresponding increase in liability cases brought against amusement parks. Indeed, there are indications that this is occurring nationally. This, however, has not been the story here in Maine....
SummaryThe means of marketing medications has changed. No longer do the manufacturers direct all their marketing efforts at physicians upon whom the patient relied for advice. For trial lawyers, the challenge is to recognize and adapt to such circumstances, and to press for changes in tort law to reflect the evolving marketplace....
Rapid advances in brain injury science are helping doctors make faster and more accurate diagnoses of brain injuries, which allows them to provide more effective treatment. That same science can help lawyers prove damages in brain injury cases....
Every lawyer who handles personal injury cases has to come to terms with the problems and challenges associated with chronic pain. After all, a chronic pain diagnosis is a red flag for insurers and for jurors. Handled well, such a diagnosis can actually enhance the value of a case. Handled poorly, it is likely to divert attention from the solid evidence of a traumatically induced injury and may even result in defeat in an otherwise valid case....
IntroductionEvery year, hundreds of people across the Country and the State of Maine are injured by dangerous amusement park rides. The injuries can be catastrophic, and the stakes for the injured person and family are high....
SummaryMaine’s vast expanse of undeveloped territory has long been a magnet for snowmobile enthusiasts. Not surprisingly, the rapid rise in the number of snowmobilers using Maine's trail network has been accompanied by a surge in injury-causing snowmobile accidents. Representing riders injured in snowmobile accidents presents special challenges. This article discusses some things to consider when the next snowmobile case comes in your door....
Since 1985, Maine’s Health Security Act (“HSA”) has prescribed a shortened limitations period for medical malpractice cases— three years for claims by adults and six years or three years from the age of majority for minors. This statute has been strictly construed, with the only recognized exceptions in cases where a foreign object was inadvertently left in a patient or a provider fraudulently concealed negligent conduct....
SummaryIf you are presented with a case of spoliation, in addition to requesting remedies under the federal and state civil rules, and trying your luck with the tort of spoliation, you can consider an alternative: breach of contract. Assuming, of course, that you can prove that you or your client specifically demanded that the evidence be preserved and the other party agreed to do so, you need not need to rely solely on tort law or the civil rules for your remedy.Introduction...
In Maine, witness testimony in judicial proceedings has been absolutely immune for over one hundred years. This immunity addresses whether the testimony gives rise to actions for defamation. Does this mean that an expert witness can not be sued for professional negligence?Expert witness: The cost of errorsWhat do you do when your expert's error costs you money?Consider the following set of facts....
SummaryThe Unisured Motorist Statute, UM stacking principles, multiple UM policies and split limits all help in confusing the issue. As a lawyer, you have much to investigate and compare, and anticipate the arguments the insurers will make in trying to minimize or avoid coverage entirely. The Unisured Motorist statute's objective...
SummaryA good brain injury trial lawyer can help identify and preserve the critical evidence necessary to prove losses to an insurance company and later, if necessary, in court.Why might we need a lawyer?...
Summary ... [C]overage for ... sexual abuse of children is undoubtedly outside the contemplation of the parties to the insurance contract; indeed, " '[t]he average person purchasing homeowner's insurance would cringe at the very suggestion that [the person] was paying for such coverage. And certainly [the person] would not want to share that type of risk with other homeowner's policyholders.' "- Perreault v. Maine Bonding & Casualty Co., 568 A.2d 1100, 1102 (Me. 1990)....
SummaryUnder the Emergency Medical Treatment and Active Labor Act (EMTALA), hospitals with emergency rooms cannot turn away patients suffering from an "emergency medical condition." 42 U.S.C. 1395dd. In the current climate of public hostility to health insurance red tape and increasing emphasis on "patient's rights," EMTALA has the potential to be an area in which a determined trial lawyer can make a difference for his or her clients....
SummaryWith the current emergence of HMOs in the health care field you would expect a similar rise in litigation against HMOs for negligent health care. Due to uncertainties over federal preemption under ERISA and its treatment of employee benefits, this has not occurred....
SummaryThis article investigates the historical roots of our tort law, explains the distinction between intentional torts and negligence. It then discusses some of the most common tort cases in Maine's courts, enlights the sovereign immunity concept, before answering a few frequently asked questions related to tort cases.I. Tort Law HistoryTo understand American tort law, it is helpful to appreciate its British origins. A. Historically No Private Right of Action...