Case law

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  • Bisco v. SD WARREN COMPANY

    908 A.2d 625 · Supreme Judicial Court of Maine · Oct 17, 2006

    Because the hearing officer misapplied Farris v. Georgia-Pacific Corp., 2004 ME 14 , 844 A.2d 1143 by holding the employee to a burden of persuasion rather than a burden of production, we vacate the judgment. I. … Fernald v. Dexter Shoe Co., 670 A.2d 1382, 1385 (Me.1996); see, e.g., Daley v. Spinnaker Indus., Inc., 2002 ME 134, ¶ 11 , 803 A.2d 446, 450 .

    Cited 2 timesPublished
  • Maguire Construction, Inc. v. Forster

    2006 Me. 112 · Supreme Judicial Court of Maine · Sep 12, 2006

    Brown v. Thaler, 2005 ME 75, ¶ 8 , 880 A.2d 1113, 1115 . … Bank v.

    Cited 13 timesPublished
  • First National Bank v. Redman

    57 Me. 405 · Supreme Judicial Court of Maine · Jul 1, 1869

    Brown v. Williams, 31 Maine, 404. The plaintiff, therefore, has a title originating before the defendant’s claim, or any portion of it, came into existence. 2. … These are not lien-claims, and judgment having been taken for *406 them as well as the others, the lien to secure the others was lost, Johnson v. Pike, 35 Maine, 291. Lombard v. Pike, 33 Maine, 141. A. P.

    Cited 1 timesPublished
  • State v. Bleyl

    435 A.2d 1349 · Supreme Judicial Court of Maine · Sep 29, 1981

    See Brown v. Illinois, supra; United States v. O’Looney, 544 F.2d 385, 391 (9th Cir. 1976); State v. … Brown v. Illinois, 422 U.S. 590, 603 , 95 S.Ct. 2254, 2261 , 45 L.Ed.2d 416 (1975). 4 . In United States v.

    Cited 60 timesPublished
  • Marr v. Barrett

    41 Me. 403 · Supreme Judicial Court of Maine · Jul 1, 1856

    Dufresne v. Hutchinson, 3 Taunt. 117; Cairns v Bleeker, 12 Johns. 304 ; Sargent v. Blunt, 16 Johns. 73 . … v.

    Cited 2 timesPublished
  • Child Development Services—Cumberland County v. Attorney General

    760 A.2d 630 · Supreme Judicial Court of Maine · Oct 20, 2000

    Hutchinson v. … For example, a site’s board of directors may enter into contracts, but “the board shall provide to the [DOE] copies of any contract for review upon the [DOE’s] request and shall obtain prior [DOE] approval of the prototype

    Cited 2 timesPublished
  • Nugent v. Town of Camden

    710 A.2d 245 · Supreme Judicial Court of Maine · Apr 30, 1998

    . [¶ 12] Here, Article V, § III first states that Daysailer License Agreements “shall contain such provisions as the Board of Selectmen deem appropriate and consistent with the best interests of the Town of Camden.” … Daley v.

    Cited 32 timesPublished
  • Fryeburg Trust v. Town of Fryeburg

    151 A.3d 933 · Supreme Judicial Court of Maine · Dec 1, 2016

    Rossignol v. Me. Pub. Employees Ret. Sys., 2016 ME 115, ¶ 6, 144 A.3d 1175; Mills v. Town of Eliot, 2008 ME 134, ¶¶ 13-16, 955 A.2d 258. Here, because the Board of Appeals 4 marks omitted). … .”); Underwood v.

    Cited 0 timesPublished
  • Opinion of the Justices of the Supreme Judicial Court Given Under the Provisions of Section 3 of Article VI of the Constitution

    623 A.2d 1258 · Supreme Judicial Court of Maine · Apr 26, 1993

    Askew v. Thomas, 293 So.2d 40, 42 (Fla.1974) (upholding a statute requiring residency for school board members in the absence of any constitutional qualifications). … Cramer v. Brown, 7 Ohio St.3d 5 , 454 N.E.2d 1321, 1322 (1983) (court will not consider preelection claim of unconstitutionality). The voters may reject this legislation.

    Cited 17 timesPublished
  • Wone v. City of Portland

    466 A.2d 1256 · Supreme Judicial Court of Maine · Oct 20, 1983

    The Board previously has decided similar questions regarding the status of the parties. See City of Bangor v. … Appellant states that he “approached” the Board and was told that he was not within its purview due to his classification but nowhere in the record does this appear. . See Bar Harbor Banking & Trust Co. v.

    Cited 0 timesPublished
  • King v. Bangor Federal Credit Union

    568 A.2d 507 · Supreme Judicial Court of Maine · Dec 29, 1989

    Brown v. Palmer Const. Co., 295 A.2d 263, 265 (Me.1972); Fennessey’s Case, 120 Me. 251, 253 , 113 A. 302 (1921). … See Reese v. Sears, Roebuck & Co., 107 Wash.2d 563 , 731 P.2d 497, 503 (1987); Boscaglia v. Michigan Bell Tel. Co., 420 Mich. 308 , 362 N.W.2d 642, 645 (1984); contra Karst v. F.C.

    Cited 7 timesPublished
  • In Re Return County Commissioners of Aroostook County

    244 A.2d 75 · Supreme Judicial Court of Maine · Jun 29, 1968

    Inhabitants of Phippsburg v. County Com’rs of Sagadahoc County, 127 Me. 42 , 141 A. 95 (1928); Nobleboro v. Lincoln County Commissioners, 68 Me. 548 (1878); Levant v. … In our cases we have repeatedly said that the Board of County Commissioners is a Court. For example, in Waukeag Ferry v.

    Cited 4 timesPublished
  • Bowker v. Lowell

    49 Me. 429 · Supreme Judicial Court of Maine · Jul 1, 1861

    J., in Preston v. … Knibbs v. Hall, 1 Esp. Rep., 84. Threats of legal process is not such duress, for the party may plead, and make proof, and show that he is not liable. Brown v. McKinley, 1 Esp. Rep., 279.

    Cited 2 timesPublished
  • Miller v. Spinnaker Coating

    25 A.3d 954 · Supreme Judicial Court of Maine · Jul 12, 2011

    Oust v. … Legassie v.

    Cited 1 timesPublished
  • Hodge v. Sawyer

    85 Me. 285 · Supreme Judicial Court of Maine · Jan 27, 1893

    .” *287 This is a civil action ; Mahoney v. Crowley, 36 Maine, 486 ; Smith v. Lint, 37 Maine, 546 ; Knowles v. Scribner, 57 Maine, 495 ; criminal in form, but not local. Dennett v. Kneeland, 6 Greenl. 460. … Webb v. Goddard, 46 Maine, 505; Demuth v. Cutler, 50 Maine, 298; Brown v. Webber, 6 Cush. 560 ; Thornton v. Leavitt, 63 Maine, 384.

    Cited 5 timesPublished
  • Card v. Nickerson

    150 Me. 89 · Supreme Judicial Court of Maine · Mar 19, 1954

    Lincoln v. Avery, 10 Me. 418 . In an action at- law parol evidence' is not admissible to show that a deed was intended to be a mortgage. Reed v. Reed, 71 Me. 156 . See Brown v. … Brown v. Allen, 43 Me. 590 .

    Cited 9 timesPublished
  • Jordan v. McAllister

    91 Me. 481 · Supreme Judicial Court of Maine · Apr 30, 1898

    Jones v. Emerson, 71 Maine, 405. *484 The surrender and actual confinement in jail saves the penalty of the bond. Hussey v. Danforth, 77 Maine, 17; Blanchard v. Blood, 87 Maine, 255. … That it would be a sufficient compliance with the condition of the bond, if the jailer actually received the debtor, is said by the court in Jones v. Emerson, supra.

    Cited 0 timesPublished
  • Murray v. Waite

    113 Me. 485 · Supreme Judicial Court of Maine · Jul 24, 1915

    Benner v. Payson, 110 Maine, 204; Libby v. English, 110 Maine, 449. Petition dismissed without costs.” And from this decision the respondent appealed. … In discussing this statute in Libby v.

    Cited 6 timesPublished
  • Libby ex rel. Libby v. Legrow

    400 A.2d 381 · Supreme Judicial Court of Maine · Apr 19, 1979

    Ferguson v. Bret- *383 ton, Me., 375 A.2d 225, 227 (1977); Lyman v. Bourque, Me., 374 A.2d 588, 590 (1977); Lowery v. Owen M. Taylor & Sons, Inc., Me., 374 A.2d 325, 327 (1977); Gowell v. … Thompson, Me., 341 A.2d 381, 384 (1975); Avery v. Brown, Me., 288 A.2d 713, 715 (1972); see Wing v. Morse, Me., 300 A.2d 491 (1973). The entry is: Appeal denied. Judgment affirmed. WERNICK, J., did not sit. .

    Cited 1 timesPublished
  • Finance Authority v. City of Caribou

    694 A.2d 913 · Supreme Judicial Court of Maine · May 5, 1997

    At issue is the Board’s construction of the tax law and FAME’S exemption therefrom, and we review for an error of law. American Republic Ins. Co., v. … A. v.

    Cited 0 timesPublished

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