Legal Issues in the Coronavirus Pandemic

First and foremost, we at Gilbert & Greif, P.A. want you to stay safe and healthy during these times. Federal, state and local authorities are issuing guidelines and bulletins daily, and there will be more to come. Business at every level is affected, and families and individuals face uncertainty regarding what lies ahead, both medically and financially.

Like everyone else, we have been impacted by these events, but the good news is that we are open and available to assist our clients with their legal questions and problems. Some may arise specifically out of the coronavirus situation, and others are part of everyday life, as unusual as things are at the moment. For the safety of all, we are restricting personal visits to the office, but we can still cover a lot of ground through phone, video and email. The law has faced previous pandemics so there is precedent to be drawn on. Although there has been some emergency legislation passed at both the federal and state levels, most of what we deal with and have dealt with for years remains in place. Because of court shutdowns, there will be delays in certain cases, but that is nothing new. We resolve to remain calm and carry on. If we can be of assistance, please don’t hesitate to contact us.

In the News: 2010-11


Charlie Gilbert and A.J. Greif have each earned the distinction as a New England Super Lawyer in general litigation for this year. The Super Lawyer designation is limited to the top 5% of lawyers, as determined by an independent survey and peer review conducted by the publisher. Gilbert & Greif, P.A. is one of the few small firms in New England to have two lawyers named as Super Lawyers.

Charlie Gilbert has been recertified by the American Board of Trial Advocacy, a division of the National Board Of Legal Speciality Certification, in civil trial advocacy. Originally certified in 1995, Charlie has been recertified every five years since then, including the fall of 2010. The National Board of Trial Advocacy has been accredited by the American Bar Association to review and certify lawyers in the areas of civil and criminal trial law, and family law.

On October 20, 2010, a jury in United States District court returned a verdict of $200,000 in favor of Lorraine Morin and against Eastern Maine Medical Center. In the case, which was tried by A.J. Greif assisted by Julie Farr, the jury determined that the hospital had violated the federal Emergency Medical Treatment and Active Labor Act (EMTALA) statute by refusing to send Ms. Morin, who was sixteen weeks pregnant and experiencing contractions, home to deliver her deceased child without medical assistance. According to news reports published after the verdict, the case prompted an investigation by the Centers for Medicare and Medicaid Services into the hospital’s noncompliance with EMTALA requirements. Post-trial motions are currently pending and EMMC has not yet indicated whether it will appeal the jury’s decision.

In December 2010, A.J. Greif was a presenter at the 10th Annual Employment Law Update seminar put on by the Maine State Bar Association. A.J.’s presentation focused on effective pre-trial strategies for the plaintiff in employment law cases, including what claims to bring, whom to sue, choice of venue, discovery strategies, and effective mediation techniques.

A jury trial has been scheduled for February 2011 in Superior Court in Bangor on a claim of reverse discrimination brought by the firm on behalf of a male client. Although the firm regularly handles many different types of employment discrimination claims, including the more common sex discrimination claims brought by women, the same legal rules apply to reverse discrimination cases. The case was set for trial after a Justice of the Superior Court denied the defendant employer’s motion to have the case dismissed without trial, and ruled that the Plaintiff had presented sufficient evidence to require a factual determination by the jury as to whether discrimination had occurred.

Charlie Gilbert served as an honorary marshal at the freshman convocation held at Harvard College as the beginning of the academic year. With other alumni, he led a group of newly arrived Harvard freshmen from Houghton Hall as they marched into historic Tercentenary Theater for the proceedings, which will be the only time the Harvard Class of 2014 formally convenes until its commencement four years hence.