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.

The Maine Harbormasters Association held its 33rd Annual Training and Meeting at Maine Maritime Academy in Castine. KRZ Attorneys Terry Duddy and Stephen Koerting presented on advanced maritime law and tort claim topics to the advanced class of harbormasters, deputy harbormasters and assistant harbormasters from all across the state. Attorney Duddy and Attorney Koerting instructed the experienced harbormasters on topics such as the Maine Harbormasters statute, harbormasters’ duties, responsibilities and procedures, liability issues, port authorities, and federal maritime law.

The annual training is required by state law for Maine’s harbormasters. KRZ is proud to send its maritime attorneys as a resource to help train these critical town officers who help keep Maine’s inland and territorial waters safe and functional.

Jennifer Archer was elected to the Cumberland Bar Association’s General Committee by Association’s membership at its annual meeting on February 1, 2018. The Association is one of the oldest bar associations in the United States. It sponsors many social and educational functions, including continuing legal education seminars, receptions for judges and new attorneys, and an Annual Meeting. The Association also periodically provides grants for other law-related events.

Jennifer Archer has been named a member of the Special Committee on the Uniform Bar Examination (UBE) by the National Conference of Bar Examiners. The Committee considers future development of the UBE and is charged with monitoring developing issues associated with the UBE and offering suggestions for resolving policy questions of general application, among other things.

Terrance Duddy has been included in the 24th edition of The Best Lawyers in America for his work in the area of Personal Injury Litigation-Plaintiffs. Terry has been included for at least 11 years and has been selected as one of the best in his specialty.