A Maine hospital hired an IT professional who had a noncompete agreement with a computer consulting firm. The consulting firm brought a claim in Superior Court against the IT professional for breach of the noncompete agreement, and against the hospital for tortious interference with the noncompete agreement. Attorney Duddy got the claims against the hospital and the IT professional dismissed with prejudice and without any payment to the plaintiff.
Tim Norton, Barry Zimmerman, John Kelly and Terry Duddy have been named to the 2010 list of “New England Super Lawyers”. Only five percent of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont attorneys are chosen each year for this designation.
In a complex Medicaid reimbursement case against the Secretary of the Vermont Agency of Human Services and the Director of the Office of Vermont Health Access, defendants tried to compel Springfield Hospital to join an additional twelve hospitals as necessary parties. In response, Attorneys Duddy and Boxer-Macomber offered several compelling legal arguments for not joining these additional parties. The U.S. District Court agreed with Springfield Hospital’s opposition memorandum and denied the joinder motion filed by the state defendants.
A Maine hospital extended over $20,000 in educational benefits to a hospital employee to obtain a nursing degree, in exchange for a promise to work at the hospital for five years after obtaining the degree. The nurse left employment early, and refused to repay the unforgiven portion of her educational loan. The hospital brought an action in Superior Court for breach of contract, costs, and attorney fees. The Superior Court agreed with Attorney Duddy that the hospital was more likely than not to prevail on the merits, and granted Attorney Duddy’s motion for attachment and attachment on trustee process.
On Monday, May 10, 2010, Jennifer Archer was elected to Immigrant Legal Advocacy Project’s Board of Directors. Immigrant Legal Advocacy Project (ILAP) “provides free and low-cost immigration information and legal assistance to low-income Maine residents. ILAP helps Maine’s immigrants keep their families together, gain protection from persecution and domestic violence, attain residency and work authorization, and become proud U.S. citizens.” (www.ilapmaine.org) Jennifer is also a member of ILAP’s pro bono panel, through which she is able to provide pro bono legal services to the immigrant community in Maine.
Attorneys Michael Duddy and Lauri Boxer-Macomber continue to represent Springfield Hospital in a complex litigation challenging the State of Vermont’s allocation of Medicaid.Disproportionate Share Hospital payments. Although similar cases filed in other jurisdictions across the country have been unable to survive dismissal, Attorneys Duddy and Boxer-Macomber successfully advocated for Springfield’s case to remain before the Court. While the U.S. District Court pared down the claims, the case-in-chief has been allowed to proceed and discovery is now underway.
On March 10, 2010, Lauri Boxer-Macomber was elected as Secretary/Treasurer of the Maine State Bar Association’s Alternative Dispute Resolution Section. Lauri offers private mediation services at Kelly, Remmel and Zimmerman. In addition, she mediates for the Court Alternative Dispute Resolution program. As a newly elected officer of the ADR section, Lauri hopes to work with the section to offer some exciting CLEs over the course of the next year, develop a tracking system for ADR legislation and case law, and collaborate with the Maine Association of Mediators, CADRES and other ADR groups in Maine.
Lauri Boxer-Macomber will be serving as a panelist at a continuing education program offered by the Maine Judicial Branch on March 31, 2010 from 12:45 to 3:45 pm. The program will focus on how to work effectively with attorneys in mediation, and will take place “live” at the Administrative Office of the Courts, 125 Presumpscot Street, Portland. It will also be available by videoconference at the Kennebec Superior Courthouse in Augusta, Penobscot Judicial Center in Bangor and at the Presque Isle District Court.
On March 5, 2010 Michael Duddy delivered a presentation entitled “Managing the Unruly Patient” as the first installment of the Maine Medical Association’s 2010 “First Fridays” seminar series. Participating with Michael Duddy were MMA’s Executive Director, Gordon Smith, Esq., and MMA’s legal counsel, Andrew MacLean, Esq. The March 5, 2010 presentation was broadcast throughout Maine as MMA’s first webinar.
Terry Duddy is once again teaching a four-part workshop series at the University of Maine School of Law. The lectures focus on civil litigation and offer students a practical understanding of the law from an active litigator’s perspective.