Recent Events and Noteworthy Results

  • 06/15/10 - John Turcotte appeared on behalf of Mortgage Electronic Registration Systems (MERS) before the Maine Supreme Judicial Court to provide oral argument in the case of MERS v. Saunders (CUM-09-640). The Superior Court had previously granted MERS summary judgment on its Foreclosure Complaint and denied the borrowers’ motion for summary judgment against it. The borrowers argued that MERS did not have standing to commence the action. The Justices discussed public policy of foreclosure in Maine and questioned what the proper procedure and practice is when a note and mortgage are transferred to a third party after the commencement of the action.
  • 06/15/10 - John Turcotte is again appearing on behalf of the interests of the guardian of a minor child before the Maine Supreme Judicial Court in the matter of Guardianship of Jewel M., YOR-10-230. The Probate Court had previously granted the petition for guardianship, a petition upheld by the Law Court in a prior appeal. The Probate Court subsequently entered a new temporary guardianship to the same guardian and the child’s father has appealed. The father is appealing the Probate Court’s finding that his failure to provide and maintain counseling for the child creates an intolerable living condition.
  • 06/10/10 - Personal Injury Settlement Announcement- Jerome J. Gamache recently obtained a $20,000.00 pre-litigation settlement. The client was a self employed tractor-trailer operator who was forced off the road when a vehicle approaching from the other direction crossed the center line and struck the trailer. The client suffered immediate soft tissue pain, broken tooth and bruising above the sternum. Although treated at the emergency room, due to lack of health insurance client was unable to fully treat his injuries. Soft tissue symptoms largely resolved within 9 months. Special damages for lost wages and medical bills were $12,000.00.
  • 06/03/10 - Robert M. Raftice, Jr. served as a speaker for a continuing education seminar on elder law mediation issues sponsored by the Maine Association of Mediators. He provided the point of view of the private practice lawyer representing mediation participants, and outlined client goals and best mediation practices that lead to successful outcomes for clients. Robert M. Raftice’s presentation was accompanied by additional presentations from Cumberland County Probate Judge Joseph Mazziotti and Denis T. Culley from Legal services for the Elderly. Click here for the Maine Association of Mediators website.
  • 05/06/10 - John Turcotte is appearing on behalf of the interests of Mortgage Electronic Registration Systems (MERS) and Deutsche Bank before the Maine Supreme Judicial Court in the matter of MERS v. Saunders, Cum-09-640. The District Court had previously granted Deutsche Bank Summary Judgment on its Foreclosure Complaint. The Complaint had originally been brought by MERS and, although Deutsche Bank was substituted as a party after acquiring the loan at issue, the borrowers are appealing MERS’s standing to commence foreclosure proceedings in Maine.
  • 03/26/10 - Jerome J. Gamache and Michael F. Vaillancourt will serve as featured presenters at the KeyBank Mortgage Day seminar to be held on March 30th at 6:00 at the KeyBank branch at 445 Gorham Road in South Portland. Please click here for more details or call Brad Kaake, KeyBank Mortgage Advisor at 671-0388.
  • 03-09-10 Maine Supreme Judicial Court Announcement- The appeal in the case of In re Jewel M. (2010 ME 17), briefed and argued by John Turcotte on behalf of the child’s grandmother/guardian, was decided with the Justices affirming the entry of the guardianship. The Court clarified the legal standard for entering a guardianship of a minor child over a parent’s objection: (1) the parent is currently unable to meet the child’s needs and that inability will have an effect on the child’s well-being that may be dramatic, and even traumatic, if the child lives with the parent, and (2) the proposed guardian will provide a living situation that is in the best interest of the child. click here for a copy of the Opinion.

  • 03/06/10 - Personal Injury Settlement Announcement- Jerome J. Gamache recently obtained a $75,000.00 pre-litigation settlement at mediation. The client was a seatbelted driver who was struck from behind while waiting in traffic in South Portland. The collision was estimated to have occurred at 30-35 mph which totaled the client’s SUV and pushed it into the vehicle in front. The client suffered immediate cognitive and memory deficits typical of a closed head injury but precise medical diagnosis was difficult due to normal-appearing objective tests. Client was unable to work for 2 months. Soft tissue injuries largely resolved within 9 months. Special damages were $23,000.00.
  • 01/20/10 - New Shareholder Announcement- John A. Turcotte has become a shareholder of the firm. He is a 2000 cum laude graduate of the University of Maine School of Law who joined the firm in 2005 and focuses his practice on litigation, real estate and all aspects of family law. He is also a magna cum laude graduate of the University of Southern Maine. John is a lifelong resident of Maine, having grown up in Windham. He is a 1989 graduate of Windham High School. John resides with his family in Westbrook.
  • 01/20/10 - New Attorney Announcement- Christopher P. Leddy joins the firm after a successful career as an assistant attorney general and a prosecutor in Cumberland County. He has lived in South Portland since 1977, graduating from South Portland High School, the University of Southern Maine, and finally U Maine Law. He has 13 years of experience in litigation, and has conducted trials in courts throughout the Southern half of the State. His practice will focus on family law, guardian ad litem, family law mediation, and criminal defense. Chris lives near Willard Beach with his two children, Thomas and Kaeli. Chris is proud to serve the community in which he was raised and looks forward to meeting your legal needs.
  • 01/04/10 - Personal Injury Settlement Announcement- Jerome J. Gamache recently obtained a $73,500.00 pre-litigation settlement at mediation. The client was a pedestrian in a cross walk and was struck a glancing blow by a driver who claimed that rain and darkness obscured visibility. The client was knocked to the pavement and landed on her tailbone. She developed coccydynia and has ongoing chronic pain. Special damages were $21,000.00.
  • 12/31/09 - Maine Supreme Judicial Court Announcement - The appeal in the case of Chase v. Higgins (YOR-08-582), previously briefed and argued by John Turcotte on behalf of Chase, was decided with the Justices affirming the dismissal of the Higgins counterclaims. The Supreme Court also vacated the judgment on the Complaint and remanded the case for a Superior Court trial on the issues of compliance with the statutory notice requirements of 14 MRS 6111 as well as a determination of the total indebtedness. This decision is believed to set precedent and provides a new procedural standard in Summary Judgment process of residential foreclosure practice. Click here for a copy of the Opinion.
  • 12/08/09 - Personal Injury Settlement Announcement- Jerome J. Gamache recently obtained a $385,000.00 pre-litigation settlement at mediation. The client was 73 years old at the time of the automobile accident. She was a seatbelted driver and was struck head-on by a driver who fell asleep and crossed the centerline. Both vehicles were traveling approximately 50mph. Each driver was seriously injured, with the client suffering from internal organ damage, broken ribs, non-displaced pelvic fractures, open compound fracture of elbow, badly dislocated right foot/ankle and multiple fractures of left foot/ankle. The client was hospitalized for 3 weeks and confined to her bed at home for another 3 months. Physical recovery took nearly 2 years with ongoing functional limitations to her physical mobility as well as emotional ability to operate an automobile. Special medical damages were $89,000.00 and loss of part-time income was claimed at $18,000.00.
  • 12/01/09- Mike Vaillancourt, a resident of Cape Elizabeth since 2006, has been appointed to the Town’s Municipal Operations Review Committee. The Committee is tasked with Reviewing municipal operations to determine their efficiency and effectiveness and will report its findings to the Town Council in July, 2010.
  • 11/18/09 - Mike Vaillancourt has been appointed to the City of South Portland’s Comprehensive Plan Review Committee. The Committee will begin its work in mid-November. Over the coming two years, Committee Members are charged with reviewing and revising the City’s Comprehensive Plan and reporting its recommendations to South Portland’s City Council.
  • 11/10/09 - John Turcotte appeared on behalf of Chase Home Finance, LLC before the Maine Supreme Judicial Court to provide oral argument in the case of Chase v. Higgins (YOR-08-582). The Superior Court had previously granted Chase Summary Judgment on its Foreclosure Complaint and denied the Counterclaims brought by Higgins. Many of the questions from the Supreme Court Justices explored the procedural desirability of the Superior Court to evaluate complex financial data in the Summary Judgment context, rather than at trial.
  • 10/30/09 - ATR sponsors the first annual Celebration of Athletes to be held at Healthy Body Fit Mind located nearby the Waterfront Market in South Portland.  The celebration is in conjunction with Maine's Senior Games, an event ATR and its Southern Maine Elder Law Center have supported for years to give back to the local community. Click here for details.
  • 10/29/09 - Jerome J. Gamache has been selected again to provide a guest seminar to the Maine Association of Plumbing, Heating Cooling Contractors, Inc. The seminar will focus on the use of Maine's Mechanic Lien law by those in the trade to protect their rights as well as compliance with Maine's Home Construction Contract Act. Click here for details.