Berman & Simmons in the News, 4th Quarter 2023
Whether online, in print, or on TV, we’re proud our important work is routinely featured in the region’s top news forums and shared nationally. This recap of media coverage during the fourth
quarter of 2023 spotlights the many ways in which we’re helping our clients find justice and recover fair compensation after experiencing a serious personal injury due to the negligence of
others.
Notable Client Work
Berman & Simmons Attorneys Lead the Charge for Survivors and Families of Those Killed in Local Mass Shooting: “How This Could Have Happened?”
Berman & Simmons attorneys continue to pursue every available avenue to find missed opportunities and system failures that led to the mass shooting in Lewiston, Maine, on behalf of survivors and the families of victims.
Calling on Congress
In December, Berman & Simmons attorney Travis Brennan escorted six victim representatives to Washington, D.C. to meet with the entire Maine Congressional delegation and the White House Office of Gun Violence Prevention, seeking their help in securing an independent investigation. Just days later, the Secretary of the Army appointed an independent Inspector General to investigate the events that led up to the shooting to understand what happened and what could have been done differently.
Preserving Evidence
The trip came on the heels of letters the firm sent to more than 20 government agencies the previous month asking them to “preserve all documents and information that may be relevant to the litigation of civil personal injury claims by victims of the Lewiston mass shootings.” The list of those notified includes the Sagadahoc County Sheriff’s Office, the U.S. Army Reserve, and Four Winds Hospital in New York.
System Failures
Lewiston gunman Robert Card had been a U.S. Army reservist for twenty years and held the rank of sergeant first class. Since the shooting many have come forward to point out multiple missed opportunities that would have prevented the shootings, in particular that Card’s family members and fellow reservists reported their concerns about his deteriorating mental health and behavior in tandem with his access to firearms.
“The community of Lewiston, especially the victims and their families, have many unanswered questions. Why did this happen? How did the system fail? What changes are needed to ensure this never happens again? These preservation letters are critical not only to safeguard information relevant to our clients, but also to protect the rights of all victims of this horrific event,” Brennan said.
Berman & Simmons is among a group of four law firms working together on behalf of the survivors and the victims’ families.
Watch the news conference in Washington, DC on WMTW-TV:
“So many red flags.” Families of Lewiston shooting go to Washington to seek answers
Read about the appointment of the Inspector General in Military Times:
Army watchdog will launch investigation into Maine mass shooting (militarytimes.com)
Read about the evidence collection request in the Bangor Daily News:
Lawyers take 1st step in potential Lewiston mass shooting lawsuits
Berman & Simmons Attorneys Take Sexual Abuse Cases to Maine’s Highest Court; Defend Constitutional Right of Survivors to Come Forward When They Are Ready
Attorneys from Berman & Simmons sexual abuse survivors practice appeared before Maine’s Supreme Court in November, delivering oral arguments supporting the constitutionality of a law that removed the statute of limitations for survivors of childhood sexual abuse to come forward and sue their abusers and any enablers.
The cases in question relate to suits against Maine’s Catholic diocese. “There’s never been a right to enabling child sex abuse,” attorney Michael Bigos told the court. “The diocese wants you to create a vested right in getting away with it.”
Close to one dozen survivors attended the arguments. Attorney Bigos argued that Maine law supports affirming and applying the statute passed by the Maine Legislature in 2021. The state Attorney General’s office also argued in favor of the statute. Studies have shown that survivors of childhood sexual abuse often do not come forward until age 52 on average. The new law recognizes that survivors come forward later in life when they feel safe and ready—not soon after abuse. Other states have considered this question, most recently Vermont, which upheld a law nearly identical to Maine’s.
Read News Story from Newscenter Maine:
Maine’s Highest Court Removes Weighs Law to Remove Time Limits of Child Sexual Abuse Lawsuits
Read News Story in the Portland Press Herald:
Berman & Simmons Files Wrongful Death Lawsuit Against Bread of Life Ministries on Behalf of Family of Autistic Man Who was Fatally Shot by Police
Berman & Simmons trial attorney Timothy Kenlan is representing the family of an autistic man who was fatally shot by Augusta police during an altercation at a homeless shelter. Attorney Kenlan has filed a wrongful death lawsuit against the shelter operator.
The lawsuit, which was filed recently in Kennebec County Superior Court, states that Bread of Life lacked policies for managing escalating, potentially violent situations, including ones involving people threatening to harm themselves. It also states that the shelter’s staff was not appropriately trained to de-escalate situations and that the shelter failed to maintain proper staffing levels.
Read News Story:
Family of autistic man killed by police at Augusta shelter files wrongful death lawsuit
Firm News and Legal Expertise
Christopher Boots Completes Leadership Academy
Attorney Christopher Boots successfully completed the Maine State Bar Association (MSBA) Leadership Academy for 2023. This accomplishment underscores Attorney Boots’ commitment to professional growth and leadership within the legal community.
Nine Berman & Simmons Lawyers Included in Super Lawyers List, Two Earn Rising Star Awards
This year nine Berman & Simmons attorneys were included in the “2023 New England Super Lawyers” list and two were recognized as “2023 New England Rising Stars.” Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor, and the Rising Stars list is even more selective, where each year, no more than 2.5 percent of the lawyers in the state are chosen.
