Case law

Catir v. Commissioner of the Department of Human Services

543 A.2d 356 · Supreme Judicial Court of Maine · Jun 13, 1988

Along with all other nursing home facilities in the State, Gorham Manor accepted state and federal Medicaid reimbursement for qualifying resident patients pursuant to a standard Medicaid “provider agreement” with the Department … On the contrary, plaintiffs’ affidavits clearly establish that the nursing home refused to accept the lower Medicaid payment and subjected the recipients to the same terms of tenancy offered to any other individual.

Linnehan Leasing v. State Tax Assessor

898 A.2d 408 · Supreme Judicial Court of Maine · Mar 31, 2006

their vehicle to be credited against the sums due on their loan. [¶ 25] To judicially estop an entity from asserting a position in a subsequent legal action (1) the position asserted in the subsequent legal action must be clearly … The Lee proposal met all of the criteria for Lee to be a “retailer” qualifying for the bad debt tax credit that we established in DaimlerChrysler, 200 3 ME 27, ¶ 12, 817 A.2d at 865 . [¶ 29] By contrast, under the Linnehan

Lagarde v. Lagarde

437 A.2d 872 · Supreme Judicial Court of Maine · Dec 9, 1981

The answer to this question was relevant as it would have tended to establish bias on the part of the accountant in the same manner as the previous question. … The defendant properly contends that plaintiff’s expert was qualified as a certified public accountant to testify to the value of the stocks held by Mr.

Harding v. Brown

153 Me. 331 · Supreme Judicial Court of Maine · Feb 5, 1958

Brown was •duly sworn and qualified. A short time later .Robinson sent to the selectmen ■ a letter of resignation from the board *333 carrying the postscript, “to settle some peoples (sic) opinion.” … If his conduct is such as to clearly indicate that he had relinquished the office, an intention to do so may be imputed to him.”

Hill v. Hill

144 Me. 224 · Supreme Judicial Court of Maine · Jul 12, 1949

The statement is unsupported by any other evidence clearly pointing to such intent. The intention by the donor to make a gift inter vivos was not clearly manifested. … “There is but one way of making a testamentary disposition of property and that is by will; the statute of wills was invented and adopted for the express purpose of establishing a legally defined procedure to be employed

State v. Taylor

32 A.3d 440 · Supreme Judicial Court of Maine · Nov 17, 2011

The trial court acts within its discretion to admit the statement or statements into evidence unless its foundational findings are clearly erroneous. Watts, 2007 ME 153, ¶ 5 , 938 A.2d 21 ; State v. … Atkinson, 458 A.2d 1200, 1205 (Me.1983) (stating, in affirming a judgment of conviction for burglary, that “[i]f evidence establishes that after defendant made an unauthorized entry into a structure he [committed a crime]

McInnis v. Town of Bar Harbor

387 A.2d 739 · Supreme Judicial Court of Maine · Jun 2, 1978

The reason behind this well-established rule has particular force in the circumstances of this case. … That objective is clearly distinguishable from that of our own section 52, which requires vocational rehabilitation to be “necessary ... to restore the injured employee to gainful employment.” (Emphasis added) 7 .

Moore v. Abbott

952 A.2d 980 · Supreme Judicial Court of Maine · Jun 17, 2008

), 412(4) (establishing that the Act applies to various public officials, including constitutional officers not created by legislative action). … See supra ¶ 1. [¶ 37] In this instance, although there was no legislative mandate, the panel was clearly created by official governmental action.

State v. Knight

43 Me. 11 · Supreme Judicial Court of Maine · Jul 1, 1857

By chapter 61 of the same, page 230, which is entitled *113 “An act for establishing a superior court of judicature, court of assize and general gaol delivery within the province,” (see sec. 1,) such a court is established … The requirement in the same sentence of the established number, and of unanimity, must refer to a jury prepared and qualified in all respects to sit in a trial.

Collett v. Bither

262 A.2d 353 · Supreme Judicial Court of Maine · Feb 19, 1970

Even though the constitutional provisions speak of “the accused” “in criminal cases”, the principle of immunity from self-incrimination embodied in our State and Federal Constitutions was generally accepted as applicable … established.

Fisk v. Briggs

12 Me. 373 · Supreme Judicial Court of Maine · Jun 15, 1835

And we are clearly of opinion, that the right to convey, unimpaired by the intrusion of others, which before existed in the Commonwealth, is under the protection of the act of separation. … the established rights of the crown.

Jackson v. Inhabitants of Town of Searsport

456 A.2d 852 · Supreme Judicial Court of Maine · Feb 18, 1983

It is well-established, however, that, “[violation of local law does not necessarily mean that federal rights have been invaded.” Paul v. … Indeed, the deprivation occurred as a result of the unauthorized failure of agents of the State to follow established state procedure.

State v. Hachey

278 A.2d 397 · Supreme Judicial Court of Maine · Jun 8, 1971

The Defendant has raised the issue of whether or not Trooper Manduca was sufficiently qualified to give expert testimony in the ballistics field. … The Presiding Justice would have clearly been derelict in his duty had he granted the motion for acquittal.

Bangor & Piscataquis Railroad v. McComb

60 Me. 290 · Supreme Judicial Court of Maine · Jul 1, 1872

We see no ground to except to this instruction, qualified as it was in the giving, and also qualified by a reference to the former part of the charge, by which all common and indirect damages were excluded. … He instructed the jury clearly and distinctly, that they could not estimate or allow anything equivalent to insurance against actual damage or destruction by fire, occasioned by a locomotive engine of the company.

Eric v. Warnquist v. State Tax Assessor

2019 ME 19 · Supreme Judicial Court of Maine · Jan 29, 2019

In this case, the qualified foreign jurisdiction is Rogaland, Norway, as neither party disputes. [¶19] In order to receive a credit for income tax paid to a qualified foreign jurisdiction, … Section 5217-A assumes that the qualified foreign jurisdiction calculates taxable income using AGI with a provision analogous to 36 M.R.S. § 5142.7 If a qualified foreign jurisdiction defines taxable income in

Noyes v. City of Bangor

540 A.2d 1110 · Supreme Judicial Court of Maine · Apr 20, 1988

Finding that Noyes has established no ground for appellate relief, we join the Superior Court in affirming that decision. … VIII, art. 10, § 3(2), Together Place could qualify for a special exception in a Residential 5 zone only if it is a “community service organization.”

Johnston v. ME. ENERGY RECOVERY, LTD. P'SHIP

997 A.2d 741 · Supreme Judicial Court of Maine · Jun 10, 2010

We have never held that any activity conducted pursuant to a license is necessarily immune from private actions. … This is not a matter clearly committed by statute to agency decision-making. Cf. R.D.

State v. Poulin

105 Me. 224 · Supreme Judicial Court of Maine · Mar 2, 1909

Butler was properly appointed and qualified to perform the duties of the office, in accordance with the act of the legislature. It was the duty of Mr. … This doctrine is thoroughly established and, as said in State v.

State of Maine v. Nicholas E. Westgate

2020 ME 74 · Supreme Judicial Court of Maine · May 26, 2020

as an expert in the field of forensic interviewing and that forensic interviewing is an established—though developing—field that has some reliability. [¶28] Because the trial court properly analyzed the facts … before it as they related to the admissibility of the expert witness’ testimony, the court did not clearly err in finding the State’s witness to be a qualified expert witness.

Freme v. Maher

480 A.2d 783 · Supreme Judicial Court of Maine · Aug 27, 1984

In his report, the referee noted that Article Fifteenth of the will did create a valid trust, and that, although the Ricker bankruptcy “made it impossible to make the trust operative in its precise terms,” the will clearly … We conclude, therefore, that the trust does not fail, and the doctrine of cy pres need not be applied, based upon any want of a qualified, existing beneficiary.