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Johnson, Webbert & Young, LLP is pleased to announce that three of the firm’s lawyers – all of the firm’s partners – were selected for inclusion in the 2016 edition of The Best Lawyers in America©, one of the legal profession’s oldest and most respected peer-review publications.
Best Lawyers ® has become universally regarded as the definitive guide to legal excellence. Lawyers are selected for The Best Lawyers in America through an exhaustive peer review process in which lawyers confidentially evaluate their legal peers. Over 79,000 leading attorneys globally are eligible to vote. For 2016, 6.7 million votes were analyzed.
The following attorneys were listed in The Best Lawyers in America for 2016:
Phillip E. Johnson
Ethics and Professional Responsibility Law
Legal Malpractice Law – Defendants
Legal Malpractice Law – Plaintiffs
David G. Webbert
Employment Law – Individuals
Jeffrey N. Young
Employment Law – Individuals
Our Firm in the News:
Brunswick settles lawsuit over former student who says he was assaulted in school bathroom
The Brunswick School Department must revamp its approach to bullying significantly as part of an out-of-court settlement with the family of a former student who alleges he was sexually assaulted at Brunswick Junior High School.
The school system also will make a cash payment to the former student’s family as part of an agreement to settle the federal lawsuit filed by the Maine Human Rights Commission and the family of the former student that accused the town, the school district and the junior high principal of violating the student’s civil rights when he was student there.
The suit alleged that while the boy was a student at the school from 2010 to 2012, he was bullied, physically assaulted and sexually assaulted several times. It also alleged that the administration failed to protect him — a claim the MHRC investigator and an independent agency evaluator found strong evidence to support.
On Oct. 26, the Brunswick School Board voted unanimously to “contribute up to $25,000 to the settlement amount,” but attorneys for the MHRC, the boy’s family, attorneys and school officials have all declined to disclose the total settlement amount until a federal judge approves the agreement.
On Monday, however, Augusta attorney David Webbert, who represents the former student’s family identified in court documents only as Jack Doe, and Amy Sneirson, executive director of the Maine Human Rights Commission, both said that the steps the school system must take to address bullying far outweigh the cash value of the settlement.
Among those steps, the school department is required for this year and next to develop and maintain a computerized system to track allegations of bullying. The system must be searchable by word, Sneirson said, “so that if a student alleges bullying by more than one student, it’s a way for someone to find out if one student is causing a problem in more than one place, or there’s more than one victim. It’s even possible they could figure out which things are happening in unmonitored spaces like bathrooms, stairwells or buses.”
The latter possibility is particularly relevant in the current lawsuit, in which the student alleged he had been sexually assaulted three times in junior high school bathrooms.
Sneirson said attorneys for the school department will be required to send proof they are complying with the terms to attorneys for the plaintiff.
The school must also create a gay-straight alliance and provide annual, in-person training of junior high school staff about bullying and sex stereotyping.
Sneirson said she is not aware of any other schools with similar databases, nor is she aware of any other court case regarding bullying based on a protected class status that the MHRC has been a party to.
The suit, filed in U.S. District Court in July 2015, alleged “Jack Doe” was 11 years old “when the severe abuse of him at school began and his educational environment became hostile.”
According to the 30-page complaint, over a period of 2½ years “a group of sexually aggressive and violent male students” harassed the student, called him “gay,” subjected him to several “gay tests,” struck him with a lacrosse stick, stabbed him with a pencil, sexually assaulted him on three separate occasions, then threatened him and his family if he told anyone about the assaults.
Allegations that the boy had been sexually assaulted by other students were investigated by the Brunswick police and forwarded to the Cumberland County District Attorney’s office, Brunswick police Cmdr. Mark Waltz said in June 2014.
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But a child abuse evaluation by an independent agency concluded “there is strong evidence that [Jack Doe] has been sexually abused,” the lawsuit contends.
The suit specifically alleged that Brunswick Junior High School Principal Walter Wallace, who in 2015 named Principal of the Year by the Maine Principals’ Association, failed to respond adequately to the student’s repeated complaints and acted “with actual malice and reckless indifference to the federally protected civil rights of Jane Doe and her child.”
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The Maine Human Rights Commission disagreed and sought compensatory and punitive damages, as well as — among other new policies — increased training and monitoring policies and practices, a designated on-call counselor to assist victims of sexual harassment or violence during school hours and a review of Brunswick police records for the past five years for “any complaint of sexual assault that was treated as an exclusively criminal matter.”
“We really thought hard about what will help in a school that has seemingly very good policies in place, which Brunswick did,” Snierson said. “[We thought], ‘How can we foster more hands-on practical improvements of tracking bullying issues.’”
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“Certainly, every school board member is allowed to have an opinion,” she said. “We thought everyone was in agreement that this was a good resolution of the case.”
She added that the Maine Human Rights Commission “will be keeping track just to make sure the things that are supposed to happen in terms of the public interest do happen.”
“The settlement is a good thing — a good thing not just for Brunswick but for the whole state,” Webbert said. “It was a learning process for how to do things better for the kids. Really the agenda here should be protecting our students and helping them reach their full potential, and bullying certainly gets in the way of that.”
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Settlement hearing set for suit over alleged assaults in Brunswick school
The next phase of a lengthy legal dispute between the Brunswick school system and the family of a former student who allegedly was sexually and physically assaulted at Brunswick Junior High School will likely play out on Aug. 18 in federal court.
The family of the former student, identified as Jack Doe, and the Maine Human Rights Commission filed a lawsuit in federal court charging the town, school department and junior high principal with violating his civil rights. In addition to alleging that the former student was sexually and physically assaulted, the lawsuit claims he was discriminated against based on his gender and sexual orientation while attending the school from 2010 to 2012.
The suit, filed in July 2015, names the Brunswick School Department, town of Brunswick and Brunswick Junior High School Principal Walter Wallace as defendants. It charges that Wallace acted “with actual malice and reckless indifference to federally protected rights of Jane Doe and her child” and failed to adequately respond to the student’s repeated complaints and charges of assault, discrimination and bullying.
The suit alleges that over a period of 2½ years “a group of sexually aggressive and violent male students” harassed the student, called him “gay,” subjected him to several “gay tests,” struck him with a lacrosse stick, stabbed him with a pencil and on three separate occasions sexually assaulted him, then threatened him and his family if he told anyone about the assaults.
An attorney representing the family said by phone this week that information collected since the suit was filed strengthens the case against the town and school department.
In June 2014, the Maine Human Rights Commission voted to uphold its investigator’s report substantiating the complaints and subsequently joined the suit as a plaintiff “to ensure that Brunswick has in place effective measures to prevent a hostile education environment based on sex and sexual orientation,” according to court documents.
Many case documents have been sealed after both parties in December 2015 signed a confidentiality agreement.
Webbert wrote that Wallace allegedly told Jack Doe’s father when he was in seventh grade that junior high kids “are like a wolfpack and they tend to pick on the weak, and I think this is what’s going on with your kid, and maybe you should ask him to tone down his individuality a little bit.”
Webbert wrote that Wallace’s “minimal and belated” responses “were clearly unreasonable in the face of numerous reports of longtime and escalating verbal harassment and physical abuse of Jack by multiple male students,” including being made fun of for being gay more than 30 different times, hit and stuck with a push pin.
Webbert said Wallace admitted in a deposition before the human rights commission that the school’s response to the push pin incident was “in violation of the procedure” for bullying incidents and said Superintendent Paul Perzanoski admitted at his deposition that a written report should have been created.
Webbert said Jack Doe was still enrolled at the school and attending classes “sporadically” when he made the allegations in October 2012 and was subsequently tutored at home.
“We think this case is so strong for us on certain issues, and it’s gotten stronger,” Webbert said.
A mediator will join Magistrate Judge John C. Nivison and attorneys for the two parties at the Aug. 18 conference, Webbert said.
House Speaker Mark Eves filed an amended lawsuit Friday against Gov. Paul LePage, further accusing the chief executive of violating his rights in the Good Will-Hinckley school hiring controversy.
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Eves’ attorney, David Webbert, said he expects from his prior discussion with LePage’s attorney in the case, Patrick Strawbridge, that the governor will first file a motion to dismiss one or both counts in the lawsuit before answering the individual factual claims in the complaint.
“It is a little different from the first one because we know the facts better,” Webbert said. “It is pretty much the governor’s own words. The case pretty much stands on his own statements.”
Webbert said that if LePage files a motion or motions to dismiss, that almost guarantees the case couldn’t reach trial before 2017.
“If he wants it to go quickly, he would file an answer. If he wants it done in 2016, that’s what he would do. The federal courts in Maine move pretty quickly,” Webbert said.
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Webbert said he took extra lengths in the amended complaint to explain why he feels federal court is the proper venue to settle Eves’ dispute with the governor. The case involves different branches of government and would affect more people than other civil disputes involving just a few individuals, he said.
“This case transcends Mark Eves. It really is an important case for all of Maine,” Webbert said.
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A lawsuit filed by a black nurse who says she was taunted on a daily basis while working at the Maine State Prison can proceed, a federal judge has ruled.
Cannell’s attorney David Webbert said Tuesday the ruling was an important one, since there has been a trend in the workplace for companies to subcontract work and then deny responsibility when discrimination occurs.
He said the prison has a poor track record and is behind the times in treatment of blacks and women in the workplace.
“I think it is pretty clear they violated the law,” said Allison Gray, a human rights attorney from Johnson Webbert and Young in Augusta, which represents Thomas.
On Thursday, Gray said that unlike what happens in many other investigations, Beauchesne did not hold conferences with the parties and only used their initial filings to make his investigative decisions.
That is “a sign of the strength of our case” and Pan Am’s liability, Gray said.
House Speaker Mark Eves addresses reporters during a press conference July 30 outside the U.S. District Court in Portland. Eves and David Webbert (right), his attorney, filed a lawsuit against Gov. Paul LePage accusing him of blackmailing Good Will-Hinckley. Laura Eves (left), Mark Eves’ wife, looks on.
LePage can use up to $400,000 for private attorney to fight Eves lawsuit.
Agganis’ lawyer Allison Gray says her client will file suit in federal court this week against T-Mobile, alleging that the company subjected her to a hostile work environment based on her gender.
“What we feel is she should have been taken seriously, and instead she was silenced,” Gray says. “And that practice violates her civil rights.”
Agganis says she’s bringing suit, in part, to be a voice for those who may not feel empowered to do so.
That language adds uncertainty to the law, said David Webbert of the law firm Johnson, Webbert & Young, which specializes in employment issues. He said “primarily” has been defined as 50 percent-plus. But “substantially” is less clear, Webbert said, so opponents may turn to the courts for a definition.
Former employee Angela Agganis says she was touched inappropriately by a call center supervisor.
Angela Agganis of Waterville filed a complaint Oct. 9 in U.S. District Court in Portland, accusing the company of subjecting her to a hostile work environment based on her sex. She is represented by Allison Gray, a civil rights attorney with Johnson, Webbert and Young in Augusta.