Recent Events and Noteworthy Results

• 11/02/11 – Order of Appointment of Receiver for the law practice of Warren M. Turner, Esq. of Yarmouth is issued by the Maine Supreme Judicial Court. This Maine Supreme Court Order authorizes Thomas G. Ainsworth to act as Receiver for the protection of the former clients of Warren M. Turner. Attorney Ainsworth urges any former client of Mr. Turner, or any other party having information about legal matters Mr. Turner previously handled, to contact attorney Ainsworth immediately. The Order of Appointment is reproduced in its entirety and is available, click here.
• 10/20/11 – Jerome Gamache will attend the 2011 Momentum Convention as a guest exhibitor with the Maine State Bar Association’s Lawyer Referral Service. He will promote the Referral Program that provides a low-cost way of connecting the public with local attorneys across the State to provide confidential consultation and advice on virtually any legal topic. The convention is a general business convention and the public is welcome to attend. For more information on the Lawyer Referral Service, go to www.mainebar.org/lawyer_need.asp; for more information on attending the convention, go to www.momentumconvention.com.
• 09/30/11 – Personal Injury Settlement Announcement- Jerome J. Gamache recently obtained a $122,500.00 pre-litigation settlement from combined tortfeasor policy limits and UIM coverage. The client was operating a vehicle on her side of the road within the posted speed limit of 45 mph. The automobile coming from the other direction crossed the centerline due to driver inattention. The client saw the vehicle approaching in her lane and tried to avoid by turning onto the shoulder, but could not avoid the collision. The client’s car was totaled. Personal injuries consisted of MCL tear and soft tissue injury. The client’s recovery took 18 months and still has residual pain in the knee but is fully functional. Special damages for lost wages and medical bills were $53,000.00.
• 8/5/11 – Will Contest Settlement Announcement – Robert M. Raftice, Jr. and Michael F. Vaillancourt recently obtained a $247,500 settlement in a lawsuit involving a will contest.  The clients were named as beneficiaries under their mother’s and step-father’s wills.  Upon the clients’ mother’s death, clients’ step-father changed his will, omitting the clients and instead naming his own children, with whom he had not had contact for many years.  The clients’ step-father suffered from age-related physical and mental impairments at the time of the will change.  Upon step-father’s death, the clients learned of the will change and retained Ainsworth, Thelin & Raftice to pursue step-father’s children, given the allegations of undue influence, fraud and abuse of a confidential relationship.

• 8/02/11- Maine Supreme Judicial Court Announcement- The appeal in the case of Chase Home Finance LLC v. Higgins (YOR-10-611), previously briefed and argued by John Turcotte on behalf of Chase, was decided with the Justices affirming Chase's judgment at trial. The Supreme Court found that Chase's notice of right to cure was appropriate and complied with Maine law, and that no error existed in commencing the action before the mortgage was formally assigned to Chase. This was the third appeal in this residential foreclosure case sought by the borrowers. This decision is a rare Supreme Court victory for lenders so far in 2011. Click here for a copy of the Opinion.

• 06/08/11-Christopher Leddy teaches twice yearly at the Maine Criminal Justice Academy. For the past seven years he has taught Police Cadets "Courtroom Testimony and Demeanor" with a focus on the presentation and preparation of OUI cases.

• 4/11/11- John Turcotte is appearing on behalf of Chase Home Finance LLC before the Maine Supreme Judicial Court in the matter of Chase Home Finance LLC v. Higgins, Cum-YOR-10-611. Following a trial, the Superior Court granted Judgment in favor of Chase on its Foreclosure Complaint. This matter has been the subject of two prior appeals by the borrowers, Chase Home Finance LLC v. Higgins, 2008 ME 96 (dismissed as premature) and Chase Home Finance LLC v. Higgins, 2009 ME 136 (summary judgment for Chase on borrowers’ Counterclaims affirmed; remanded for trial). The borrowers are appealing the notice of default and right to cure sent by the lender.

• 02/14/11- Mike Vaillancourt was recently elected as a Cumberland Bar Association General Committee Member at the Association’s Annual Meeting. The Cumberland Bar Association is one of the oldest organized bar associations in the United States, and serves the legal community of Cumberland County.

• 02/04/11- Christopher Leddy recently served as an instructor for two segments of the Maine Commission on Indigent Legal Services training for Protective Custody Cases. The training provided new attorneys and seasoned practitioners with an overview of Child Protective Law as well as provided an opportunity to discuss “Best Practices” for many elements of a Child Protective case.

• 12/03/10 - Personal Injury Settlement Announcement - Jerome J. Gamache recently obtained a $90,000.00 pre-litigation settlement.  The client was operating a bicycle on the right side of the road after dark in January. The automobile coming from the other direction failed to see or yield to the client and turned directly in front of the bicyclist, causing the client to strike the side of the car, fly over the hood and fall to the ground, breaking a femur. The client suffered a painful recovery but within 6 months was able to resume light jogging and full daily activities. Special damages for lost wages and medical bills were $50,000.00. The extent of client’s bicycle reflective gear and clothing were the deciding factor in compromise of the Policy limit of $100,000.00

• 10/30/10 - Christopher Leddy recently accepted the honor to provide ongoing service as a Court Appointed "Lawyer for the Day" for Juvenile matters in Cumberland County.  Appointment by the Court to this roster is limited due to the delicate and complex nature of the cases and is a testament to Chris’s experience and ability in handling both criminal matters and family issues as well as his commitment to serving the local community.

• 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.