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Practice Areas: Civil Litigation; Construction Law; Contracts; Products Liability; Business Law; Commercial Law

Additional Information:

Kelly’s practice includes commercial, construction, land use, bankruptcy (creditor’s rights), and products liability litigation. He works directly with clients and in-house counsel on pre-litigation strategy and has represented a diverse array of clients in federal and state courts.
Representative Cases:

Toye v. O’Donnell, No. 11-2034 (Bankr. D. Me., March 20, 2012) (verdict granted after full trial declaring debt to client nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(B)) (currently on appeal)

American Express Bank, FSB v. Ayotte, et al., CV-2011-230 (Me. Super. Ct., York Cty) (granted summary judgment motion discharging client from corporate credit card debt in excess of $100,000)

Kinetic Systems, Inc. v. M&M Control Service, Inc., CV-2010-61 (Me. Super. Ct., Cumb. Cty) (prosecuted contract claim while reporting to in-house counsel; successfully resolved case at mediation)

Toye v. Ferrante, No. 09-2073 (Bankr. D. Me., July 20, 2010) (obtained summary judgment declaring debt to client nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(B))

Browne v. Wilson, RE-09-138 (Me. Super. Ct., Cumb. Cty, Oct. 15, 2009) (obtained order of sale for disputed real estate in partition action)

Whitney v. Gordon, et al., BCD-WB-CV-08-27 (Me. Super. Ct., Sag. Ct.) (prosecuted construction case on behalf of homeowners; successfully resolved case at mediation)

R.C. Moore v. Les-Care Kitchens, Inc., 931 A.2d 1081 (Me. 2007) (second chair at trial and on brief) (obtained judgment against bank ordering it to pay funds held pursuant to pre-judgment attachment)

In Kelly’s pro bono litigation practice, he has helped dozens of victims of domestic abuse obtain protection orders. Kelly is Chair of the Board for MaineShare, Chair of the Police Citizen Review Subcommittee for the City of Portland, a member of the ACLU of Maine Legal Panel, a member of the Board for the Maine Motor Transport Association, and a member of the Advisory Committee for the Friends School of Portland.

Kelly is a graduate of the University of Virginia Law School, where he received awards for best oral argument and for his pro bono work. Prior to law school, he taught high school math at the George School in Newtown, Pennsylvania and owned and operated a translation business in Krakow, Poland. He currently lives in Portland with his wife and three children.

Publications

McDonald, Kelly, Attachment on Trustee Process: A Primer for the Practitioner, 27 Me. Bar. J. 36 (2012)

Recipient, Best Oral Argument Award, 2003. Board Member, MaineShare, 2007-. Chair, Police Citizen Review Subcommittee, City of Portland, 2007-. Board Member, Maine Motor Transport Association, 2010-. Member, Advisory Committee, Friends School of Portland, 2009-. Chair, MaineShare, 2012-.

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Firm Members: Richard O'Meara Barbara Goodwin Nicole Bradick John Bannon Thomas Douglas