Case law

In Re Erika R.

563 A.2d 369 · Supreme Judicial Court of Maine · Aug 4, 1989

By order dated April 21, 1987, and amended to correct typographical errors on July 8, 1987, the court found that DHS had established by a preponderance of the evidence that Erika was in circumstances of jeopardy within the … On appeal our task is limited to determining whether the trial court’s factual findings are “supported by competent evidence and, therefore, not clearly erroneous.”

In Re Sterling N.

673 A.2d 1312 · Supreme Judicial Court of Maine · Mar 25, 1996

Section 5-207(b) provides: Upon hearing, if the court finds that a qualified person seeks appointment, venue is proper, the required notices have been given, the requirements of section 5-204 have been met, and the welfare … We will uphold the decision of the Probate Court unless its factual findings are clearly erroneous or it has misapplied the law.

Bartlett v. Western Union Telegraph Co.

62 Me. 209 · Supreme Judicial Court of Maine · Jul 1, 1873

If the condition is of binding force, either as a regulation or contract, such clearly would be its effect. … So far as the rule goes, it is in effect the same, or if in any thing different, the one now before us, is more clearly unreasonable.

State v. Blackington

111 Me. 229 · Supreme Judicial Court of Maine · Nov 5, 1913

If, regardless of its form, it is sufficient to prove the threat, then the offense threatened is established. If the language is insufficient, then the proof fails. … The testimony offered was clearly of this character. To the offer and exclusion of the testimony upon each of these contentions exceptions were taken and allowed.

Banister v. Higginson

15 Me. 73 · Supreme Judicial Court of Maine · Jun 15, 1838

The debtor, having had his residence in this State, had removed therefrom, and had established his domicil elsewhere. … The lien of the creditor, or the title of the debtor, was not impaired by the use of this qualifying term. It was a case then within the first section of the act regulating judicial process and proceedings.

White v. Farnham

99 Me. 100 · Supreme Judicial Court of Maine · May 25, 1904

If counsel use the' term partner in the ordinary sense, their position, as a matter of legal statement, is undoubtedly correct; but if, by the use of the term, they mean such a qualified relation to M. … What was attempted in this case clearly illustrates the pernicious operation of a law which would allow it. M. M. Grant was ostensibly doing business as an individual. As such he established his credit.

Spence v. Bath Iron Works Corp.

140 Me. 287 · Supreme Judicial Court of Maine · Apr 13, 1944

The evidence to which the second exception relates was clearly inadmissible for any purpose. … That the opinion of qualified experts within their chosen field does not come within this general rule of exclusion is likewise thoroughly established, but the exception here in question relates to evidence of an expert in

State v. Karmil Merchandising Corp.

186 A.2d 352 · Supreme Judicial Court of Maine · Nov 30, 1962

It follows for this reason alone that neither establishment was a drug store. This is not to say that a department in a department store may not qualify as a drug store. … So likewise the drug department, if there were compliance with the statutes, supra, would qualify as a drug store.

Dennett v. Acme Manufacturing Co.

106 Me. 476 · Supreme Judicial Court of Maine · Mar 26, 1910

established and unquestioned. … In the case at bar the petitioner’s right to the new certificate of shares was clearly established and unquestioned.

State v. Gallant

308 A.2d 274 · Supreme Judicial Court of Maine · Jul 31, 1973

We doubt that greater immunity from border inspection for contraband can be purchased by a few additional cents cost of postage. … Chief Justice Taft states clearly the rationale of the statute: “ . . .

State v. Grant

284 A.2d 674 · Supreme Judicial Court of Maine · Dec 21, 1971

To this end the requisite quantum of proof with respect to the corpus delicti has been clearly defined. In State v. … The witness was a qualified expert in his field. His opinion testimony was in no sense improbable or unworthy of belief.

Adoption by Stefan S.

223 A.3d 468 · Supreme Judicial Court of Maine · Jan 9, 2020

BACKGROUND [¶2] On July 30, 2018, the mother and stepfather of the children filed petitions to adopt the children the Kennebec County Probate Court, seeking to establish the stepfather as the children’s legal father … Title 18-C M.R.S. §9-308 states that the effect of an adoption is to “divest[] the parent and child of all legal rights, privileges, immunities, duties and obligations to each other as parent and child, except an adoptee

Emple Knitting Mills v. City of Bangor

155 Me. 270 · Supreme Judicial Court of Maine · Jun 26, 1959

The appellees are the City of Bangor, and its duly appointed and qualified Assessors for the year 1957. … Inhabitants of Hiram, supra, was to establish a reasonable and sensible formula equally applicable to the finished product and to the materials which make up the finished product.

Plumbago Mining Corp. v. Sweatt

444 A.2d 361 · Supreme Judicial Court of Maine · Apr 21, 1982

It is an established principle of equity that A person who has conferred a benefit upon another in compliance with a judgment, or whose property has been taken thereunder, is entitled to restitution if the judgment is reversed … Immunity. Except as otherwise expressly provided by statute, all governmental entities shall be immune from suit on any and all tort claims seeking recovery of damages.

Harmon v. Fagan

130 Me. 171 · Supreme Judicial Court of Maine · Apr 10, 1931

At some time, the exact date not clearly appearing, the executor indicated his inability to consent to a change of commissioners without the consent of an heir then out of the state. … The creditor then has an established tribunal to which he may present his claim.

Cottrill v. Myrick

12 Me. 222 · Supreme Judicial Court of Maine · May 15, 1835

Many cases of this character exist, in which the legislative power is well established. … It is said, that the acting town clerks of these towns were not legally qualified.

O'Malley v. O'Malley

338 A.2d 149 · Supreme Judicial Court of Maine · May 21, 1975

ISSUE IV Appellant has challenged as clearly erroneous other findings and conclusions made by the Justice below. … It is not necessary to discuss whether the probate decree is equally immunized from, collateral attack. One valid judgment is sufficient to uphold the lower court’s award of custody.

In re E.A.

114 A.3d 207 · Supreme Judicial Court of Maine · Mar 24, 2015

At the jeopardy hearing, the father testified that he believed that a hepatitis B immunization had caused the son “to stop developing and growing.” … That the parents ultimately consented to the vaccines does not render the court’s finding clearly erroneous. 8 [¶11] There was no error here.

Cookson v. Brewer School Department

974 A.2d 276 · Supreme Judicial Court of Maine · Jun 2, 2009

First, the employee must establish a prima facie case by demonstrating that (1) the employee is a member of a protected class; (2) the employee applied for and was qualified for the job that the employer was seeking to fill … In these circumstances, we need not reach Lee’s additional argument that he is immune from tort liability because he was performing a discretionary government function pursuant to 14 M.R.S. § 8111(1) (2008).

State v. Arnheiter

598 A.2d 1183 · Supreme Judicial Court of Maine · Nov 1, 1991

Factual determinations will not be disturbed unless “clearly erroneous”. M.R.Civ.P. 52(a). Even then, the ruling will not be overturned if the error was “harmless”. M.R.Civ.P. 61; State v. … The record shows that Phillips had ample experience to qualify him as an expert under M.R.Evid. 702; therefore, the admission of his testimony was not an abuse of discretion.