Attorney Lauri Boxer-Macomber, who leads KRZ’s Bicycle and Pedestrian Law Practice, writes about World Day of Remembrance here. The annual event marks a time to memorialize the many millions of people killed or injured in traffic crashes. It is also an opportunity to pay tribute to emergency crews, police and medical professionals who routinely face, and are impacted by, the traumatic aftermath of road death and injury. Lauri and other members of KRZ’s bicycle and pedestrian law team are committed to working towards zero traffic deaths and injuries on Maine’s roadways.
Three KRZ attorneys — Jennifer Archer, Emily Atkins, and Lauri Boxer-Macomber — were recognized by the 2018 Katahdin Counsel for providing legal services without fee or expectation of fee to persons of limited means and to charitable, civic, community, governmental and educational organizations in legal cases and other matters that are designed primarily to address the needs of persons of limited means.
The Katahdin Counsel Recognition Program was created by the Maine Supreme Judicial Court to focus the public’s attention on the critical role that pro bono publico plays in maintaining a vibrant civil justice system. The State of Maine Judicial Branch states the purpose of the Katahdin Counsel Recognition Program as twofold: “First, to establish an annual process for recognizing and honoring the pro bono work of Maine’s lawyers. Second, to encourage more lawyers to provide such services for Maine’s low-income residents to help to meet their growing unmet legal needs.”
This fall, Attorney Lauri Boxer-Macomber was invited to become a Maine Bar Fellow. Other lifetime and current fellows from Kelly, Remmel & Zimmerman include Attorneys Jennifer Archer, John Kelly, Tim Norton and U. Charles Remmel. The Bar Fellows is an honorary organization of attorneys, judges, law faculty, and legal scholars who have been elected by their peers. Bar Fellows have demonstrated outstanding achievements and dedication to the welfare of their communities and to the highest principles of the legal profession. Maine’s Bar Fellows Program is modeled after the American Bar Association Fellows Program and formally recognizes Maine Bar members who through their professional activities promote the provision of legal services to the poor, support legal education and scholarships, and engage in activities designed to enhance the legal profession’s ability to serve the public throughout Maine.
Attorney Emily Atkins recently joined the Maine Women’s Fund Grant Committee. For nearly three decades, the Maine Women’s Fund has been creating social change by investing in the power of women and girls. In 28 years of grantmaking for and by women and girls, it has given away millions of dollars, hundreds of grants and supported over 200 different organizations. Emily is excited to be part of this effort, as well as to be part of the planning committee for the 2019 Maine Women’s Fund Leadership Luncheon.
Maritime attorneys Terry Duddy and Stephen Koerting obtained a Discovery Order in the United States District Court for the District of Maine in an admiralty lawsuit requiring the Defendant employer and boat owner to produce in discovery the recorded statement of a witness taken by a representative for Defendant’s insurer shortly after the injury in question. The Court determined that the Defendant failed to demonstrate that the insurance company’s efforts to obtain the statement were in anticipation of litigation and trial, as distinguished from the company’s regular business practice. Under the federal rules and federal court case law, the Court ordered the Defendant to produce the statement to the Plaintiff in discovery under the facts of the case.
This week, KRZ Attorney Lauri Boxer-Macomber joined Rainbow Bicycle, the Maine Cycling Club, local law enforcement officers and the Bicycle Coalition of Maine at Gipper’s in Auburn for an evening focused on Maine bicycling laws. Lauri presented on proactive measures that bicyclists can take to protect themselves before a crash occurs, as well as on what to do in the event of a crash. She also spoke on why bicycle crashes should not be referred to as bicycle accidents and the importance of comprehensive and accurate bicycle crash reporting in Maine.
Kelly, Remmel & Zimmerman was included in the “Best of Portland 2018” Profile Series for KRZ’s legal representation in the fishing industry. The Best of Portland series profiles local businesses “discovered, reviewed and loved in 2018” and is printed in the Portland Press Herald/Maine Today. KRZ’s maritime & admiralty attorneys, Chuck Remmel, R. Terrance Duddy and Stephen Koerting, were profiled for their decades of legal experience pursuing legal matters within admiralty & maritime law. The Best of Portland 2018 Profile Series can found here and here.
KRZ’s Attorney Lauri Boxer-Macomber obtained a favorable jury verdict of several hundred thousand dollars for a client who suffered soft tissue injuries in a motor vehicle crash in Penobscot County. The crash was caused by a motor vehicle operator who was operating at a speed that was not reasonable or prudent for the time, place and circumstances.
On April 11, 2018, Jennifer Archer presented an immigration law overview to the Maine Rural Health Collaborative, a group of six northern Maine hospitals that work together with the goal of preserving and enhancing healthcare within the communities they serve.
On March 1, 2018, following a 3-week jury trial, Tim Norton and Jennifer Archer obtained a $5.9 million jury verdict for their clients, Tucker Cianchette and CBF Associates, LLC.
After fraudulently misrepresenting their intention to sell Casco Bay Ford to Tucker Cianchette, Eric Cianchette and Peggy Cianchette breached the purchase and sale agreement to sell their interests in the dealership and Cianchette Family LLC breached the purchase and sale agreement to sell the underlying real estate to CBF Associates, LLC. Peggy Cianchette also breached her fiduciary duty to Tucker Cianchette by unilaterally increasing the rent paid by the dealership by $42,000/month over a 4-year period, to Cianchette Family, LLC, a family-owned limited liability company that ultimately benefits her husband Eric Cianchette and their four children. Finally, Peggy Cianchette and Eric Cianchette breached the PET, LLC operating agreement in a number of ways, including by unilaterally increasing the base rent and making a $375,000 interest-free “loan” to Cianchette Family, LLC, which loan is still outstanding and is not subject to any terms, including repayment terms.
The jury awarded $3,100,000 for breach of contract and fraud, $750,000 for breach of the real estate contract, $550,000 for breach of fiduciary duty, and $1,500,000 in punitive damages.