Case law

Maddocks v. Whitcomb

896 A.2d 265 · Supreme Judicial Court of Maine · May 2, 2006

She contends that the court erroneously determined that (1) the ski area immunity provided by 32 M.R.S. § 15217 (2005) protects entities that operate snow tubing areas, and (2) Whitcomb’s failure to instruct her about proper … To survive summary judgment on an action alleging negligence, Maddocks must establish a prima facie case for each of the four elements of negligence: duty, breach, causation, and damages. Mastriano v.

Great Northern Paper, Inc. v. Penobscot Nation

770 A.2d 574 · Supreme Judicial Court of Maine · May 1, 2001

As with other cities and towns, however, the *586 Tribes are entitled to qualified immunity from suits in state and federal courts. … . § 6206(2) (establishing a Tribe’s qualified immunity when “acting in its governmental capacity to the same extent as any municipality”); Couturier v. Penobscot Indian Nation, 544 A.2d 306, 307 (Me.1988).

Dole v. Allen

4 Me. 527 · Supreme Judicial Court of Maine · May 15, 1827

And we are therefore of opinion that the interposition of this term, “measurably,” does not substantially change the character of the certificate; eren regarding it as used in its established and accurate sense. … If a religious professor, of exemplary piety and great purity of life, should speak of himself or be spoken of by others, as measurably conforming to the duties of i eligion, we should at once perceive that the qualifying

Arthur Murdock v. Martin Thorne

166 A.3d 119 · Supreme Judicial Court of Maine · Jun 27, 2017

and the exclusivity and immunity provisions of Maine’s workers’ compensation statute.  6 779 A.2d 951. … “A prima facie case of negligence requires a plaintiff to establish four elements: duty, breach, causation, and damages.” Id.

Paradis v. School Administrative District No. 33 School Board

462 A.2d 474 · Supreme Judicial Court of Maine · Jun 30, 1983

the public official violated a clearly established statutory or constitutional provision. … Harlow , however, is clearly distinguishable. The issue in that case was the scope of immunity available to senior aides and ad-visors of the President.

Stevens v. State Tax Assessor

571 A.2d 1195 · Supreme Judicial Court of Maine · Mar 15, 1990

That contention has been squarely addressed and clearly rejected. See Maxwell v. Bugbee, 250 U.S. 525, 538-43 , 40 S.Ct. 2, 5-7 , 63 L.Ed. 1124 (1919); see also Wheeler v. … Nor does it violate their constitutionally protected privileges and immunities or deny them equal protection of the law.

State v. Montgomery

94 Me. 192 · Supreme Judicial Court of Maine · May 28, 1900

A legislative act may be entirely valid as to some classes of cases and clearly void as to others. Cooley on Const. Limitations, 6th Ed., p. 213. … The privileges and immunities guaranteed by the clause in the Constitution, which declares that the citizens of each state shall be entitled to all the privileges and immunities of citizens in the several states, are said

Advanced Medical Research Foundation v. Town of Cushing

555 A.2d 1040 · Supreme Judicial Court of Maine · Mar 7, 1989

Our affirmance of the Superior Court’s decision is compelled by the well established law of property taxation when combined with the equally well established principles of appellate review. … However, the burden in such a case is clearly on the party seeking exemption to demonstrate as a factual matter that as of the assessment date the anticipated use of the property in the assessment year justifies the exemption

Croteau-Robinson v. Merrill Trust/Fleet Bank

669 A.2d 763 · Supreme Judicial Court of Maine · Jan 17, 1996

The law of statutory construction is well established that “we examine other indicia of legislative intent, such as its legislative history, only when the plain language is ambiguous.” Berube v. … Nothing in the language of the statute requires either minimum travel distances or energy savings before such a program may qualify for statutory immunity.

Hodgdon v. State

500 A.2d 621 · Supreme Judicial Court of Maine · Sep 3, 1985

Section 3655 clearly states that only the towns and counties, not the State, are liable for injuries caused by defects of or failure to repair highways that they are obliged by law to maintain. … Section 751 4 of Title 23 establishes a system of maintenance for all state and state aid highways.

Devine v. Roche Biomedical Laboratories, Inc.

637 A.2d 441 · Supreme Judicial Court of Maine · Mar 14, 1994

Chan, 569 A.2d 600, 601 (Me.1990) (determination of whether a witness is qualified to testify as an expert). C. Indemnification 1. … To establish a claim based on interference with an advantageous business relationship, one must establish the elements of fraud or intimidation. See St. Hilaire v. Edwards, 581 A.2d 806, 807 (Me.1991); DiPietro v.

Monica L. Semian v. Ledgemere Transportation, Inc.

106 A.3d 405 · Supreme Judicial Court of Maine · Dec 16, 2014

establish the defense in other situations. … Nonetheless, Ledgemere itself argues that the evidence establishes at least one of the exceptions to the requirements of section 2063, and a review of the evidence confirms that view.

Gregg v. Bailey

120 Me. 263 · Supreme Judicial Court of Maine · May 5, 1921

Bailey,” we have three absolute gifts of the same four thousand dollars, expressed as clearly as language can express thought. … it seems to me unwise to abandon it and establish a different, even if a better rule.

Cole v. Chandler

752 A.2d 1189 · Supreme Judicial Court of Maine · May 26, 2000

He did not establish a high degree of awareness of probable falsity or serious doubt as to the truth of the statement. See Rippett v. … Leading Edge Products, Inc., 44 F.3d 308, 315 (5th Cir.1995) (noting that an inadequate investigation by itself was clearly not sufficient to show actual malice). Nor did he show spite or ill will.

Cushing v. State

434 A.2d 486 · Supreme Judicial Court of Maine · Aug 24, 1981

Byrd-Matthews Lumber Co., 146 Ga. 113 , 90 S.E. 960 (1916) (“nothing in the deed to indicate that the parties intended to establish a nursery for cultivation of sprouts and saplings”); Putnam v. … Depending on the definition of timber, it could also include trees that were too small to qualify as “timber” on the date of conveyance but grew to marketable size before any cutting.

Great Cove Boat Club v. Bureau of Public Lands

672 A.2d 91 · Supreme Judicial Court of Maine · Feb 21, 1996

Great Cove commenced an action to establish its easement rights over the submerged land. After completion of discovery, both parties moved for a summary judgment. … beginning, the bounds including and comprising all of the lands, submerged lands and waters contained therein, be and hereby is incorporated into a separate town, by the name of Eliot, with all the powers, privileges, and immunities

Merrill v. Central Maine Power Co.

628 A.2d 1062 · Supreme Judicial Court of Maine · Aug 2, 1993

We will apply a strict interpretation of the Restatement criteria in determining whether a plaintiff has satisfied its burden of establishing the existence of an attractive nuisance. Id. at 43 . … CMP's immunity, if any, would have to be determined under 12 M.R.S.A. § 3002, which has now been repealed.

In Re Estate of Burdon-Muller

456 A.2d 1266 · Supreme Judicial Court of Maine · Mar 4, 1983

See, e.g., IRC § 664(d)(2)(A)-(C). 6 The probate judge, concluding that Bur-don-Muller “clearly” intended to establish a five percent unitrust, accepted completely the will reformation proposed by Burdon-Muller’s executors … The IRS requires that a qualifying charitable remainder unitrust specify a fixed unitrust percent; clearly, the trustee cannot himself alter Burdon-Muller’s will to create such a fixed figure.

Gilman v. Jack

148 Me. 171 · Supreme Judicial Court of Maine · Sep 4, 1952

On the other hand, the right of entire freedom of action on his part, as such director, is clearly established. … It is only when the purpose is not clearly expressed that we have the right to use the usual outside aids to determine it. Millett v. Marston, 62 Me. 477 .

Town of Burlington v. Hospital Administrative District No. 1

769 A.2d 857 · Supreme Judicial Court of Maine · Apr 12, 2001

HAD # 1 is governed by a board of directors elected by the qualified voters of the towns in the district. Upon dissolution of the district, its assets revert to the towns. … In News & Observer Publishing, county commissioners created the Wake County Hospital Authority to establish a hospital.