Case law

Carroll v. Maine Employment Security Commission

450 A.2d 469 · Supreme Judicial Court of Maine · Sep 7, 1982

The information was clearly supplied to the claimant when he applied for unemployment benefits *473 that he must report any services including self-employment whether or not he had been paid. … The effect of the “Partial Consent Decree” was to establish conclusively that the two statements found by the Commission to have been false were not in fact false.

State of Maine v. Daniel Cardona

2025 ME 97 · Supreme Judicial Court of Maine · Dec 18, 2025

The court qualified this ruling, however, by stating that its ruling could change as the trial progressed. … After establishing that the victim and her mother frequently visited Cardona’s home, defense counsel asked the following questions: [Defense counsel:] [H]ow many children would typically stay there that you

McCarthy v. Walsh

123 Me. 157 · Supreme Judicial Court of Maine · Oct 20, 1923

Walsh was appointed and qualified as special administrator of her estate on the first day of March, 1923, pending the probate of her said will. … It is worthy of note, however, that the testator did not use the phrase “laws of descent,” which would have clearly indicated R.

Wyman v. Inhabitants of Town of Skowhegan

464 A.2d 181 · Supreme Judicial Court of Maine · Aug 10, 1983

The defendants contend that (1) the suit was superfluous because the plaintiffs had already received their November allocation of fuel oil by the time they filed suit, and (2) the plaintiffs have failed to establish a causal … As for the defendants’ second point, the First Circuit’s comment in Nadeau is appropriate: [W]e consider the chronological sequence of events to be an important, although clearly not definitive factor, in determining whether

Bigney v. Blanchard

430 A.2d 839 · Supreme Judicial Court of Maine · Jun 11, 1981

Rules, the appeal shall be on questions of law only and shall be determined by the Superior Court without jury on the record on appeal, with findings of fact of the District Court not to be set aside unless clearly erroneous … Denial of the plaintiff’s motion for summary judgment was an “interlocutory” ruling and, since it did not qualify as a final judgment, the matter could not be the subject of a direct and immediate appeal.

State v. Boobar

637 A.2d 1162 · Supreme Judicial Court of Maine · Mar 1, 1994

We cannot say that the court’s exclusion of the evidence was clearly erroneous or constituted an abuse of discretion. VII. … There was, however, direct evidence to establish that Boobar was acquainted with the victim and had been seen with her on the date of her disappearance, thus establishing his opportunity.

Pulitzer v. Livingston

89 Me. 359 · Supreme Judicial Court of Maine · Dec 2, 1896

The rule against perpetuities was established to prevent post mortem control of property. … What is there in these -deeds that tends to a perpetuity if we clearly observe what that means ?

State v. Leach

60 Me. 58 · Supreme Judicial Court of Maine · Jul 1, 1872

It was so clearly if the proposition contained in the request is the true construction of the statute. … These papers, the writ, attachment, and return are matters of evidence to establish certain facts, which tend more or less tn prove the charge in the indictment.

Hammond v. Temporary Compensation Review Board

473 A.2d 1267 · Supreme Judicial Court of Maine · Mar 27, 1984

The Hay Associates, a private group of qualified management consultants, were employed to undertake this review and, as a result of their study, proposed a plan of position classifications and employee compensation in the … The employees do concede, however, that the June 22, 1976, memorandum of the Board addressed to all state employees at the very beginning of the appeal period clearly indicated that “a classification .... that is appealed

State v. Watson

900 A.2d 702 · Supreme Judicial Court of Maine · Jul 6, 2006

LaBare, 637 A.2d 854, 856 (Me.1994) (concluding that the trial court’s findings that could be inferred from the record were not clearly erroneous, but expressing a preference for explicit findings regarding waiver). … Accordingly, we do not reach his additional argument that the court erred when it initially concluded that he did not financially qualify for a court-appointed counsel. III.

MacCormick v. MacCormick

478 A.2d 678 · Supreme Judicial Court of Maine · Jun 6, 1984

If, as the wife’s counsel indicated to the court, the proposed testimony addressed Marion’s own “feelings towards Christopher,” the testimony might have qualified for the exception to the hearsay rule for “statement[s] of … It is trial judges’ experience and training, and their long tradition of professionalism, that give rise to the firmly established rule that a court learned in the law is presumed to render its decision on the evidence in

Erik Wuori v. Travis Otis

226 A.3d 771 · Supreme Judicial Court of Maine · Mar 3, 2020

It is the debtor’s burden to establish the elements necessary to qualify for the exemption—in particular that the boat is used for “commercial fishing.” See Steelstone Indus., Inc. v. … Buswell, 108 Me. 263, 264, 80 A. 828 (1911) (“[I]t became clearly evident to law makers . . . that it was against sound public policy to take from the artisan or the husbandman by attachment the tools or implements by the

In Re Children of Krystal W.

2025 ME 91 · Supreme Judicial Court of Maine · Sep 30, 2025

Clearly, both are “[o]rders entered under [the child protection] chapter [of Title 22] other than section 4035, 4054 or 4071” and are therefore “interlocutory and . . . not appealable.” 22 M.R.S. § 4006. … Contrary to the dissent’s artificial distinction between “interested person” and “participant” status on the one hand and “intervenor” status on the other, section 4005-D clearly establishes a unified framework for determining

State v. Dube

409 A.2d 1102 · Supreme Judicial Court of Maine · Dec 31, 1979

. § 530 (Supp.1979-80) constitutes a “specific finding” by the Legislature that any holder of a Class 1 operator’s license is qualified to drive a tractor trailer and that nothing in the statutes authorizes the Public Utilities … not acting on the basis of the common law age of majority but on its consideration of the exigencies of driving commercial carriers, and that it borrowed the 21-year age minimum established by the federal authorities for

Roland Pushard III v. Riverview Psychiatric Center

224 A.3d 1239 · Supreme Judicial Court of Maine · Jan 30, 2020

As we will explain, see infra ¶¶ 17-22, neither Pushard’s nor the assistant director’s complaints about understaffing qualify as protected activity. … The court noted that Congress had clearly expressed its intent to the contrary: Further, several of those cases have since been in effect overruled by Congress. For example, Meuwissen v.

Veazie v. Dwinel

50 Me. 479 · Supreme Judicial Court of Maine · Jul 1, 1862

These propositions, which wo think are well established by the evidence in the case, cover the main facts in controversy, upon which the rights of the parties depend; and the application of established legal principles will … To understand fully the application of this proposition, it will be necessary to consider the facts clearly deducible from the evidence then before the jury, to which the instruction is applicable, and also a remark of the

State of Maine v. Daudoit Butsitsi

60 A.3d 1254 · Supreme Judicial Court of Maine · Jan 3, 2013

.” [¶12] When testifying, [a witness] cannot reasonably claim that the Fifth Amendment gives him . . . an immunity from cross-examination on the matters he has himself put in dispute. … “We review the trial court’s ruling limiting the scope of cross-examination for abuse of discretion, and will overturn such a ruling only if it has clearly interfered with a defendant’s right to a fair trial.”

Bruk v. Town of Georgetown

436 A.2d 894 · Supreme Judicial Court of Maine · Nov 4, 1981

While the standard of review employed in connection with findings made against the moving party could be described as a “clearly erroneous standard”, it is settled law that such phraseology is synonymous with “supported by … It is the finding of the Board that an additional 26 families would place an unreasonable burden on this already marginal dump operation and would increase the likelihood that the Town would not qualify under state guidelines

Berry v. BD. OF TRUSTEES, RETIREMENT SYS.

663 A.2d 14 · Supreme Judicial Court of Maine · Jul 27, 1995

Because we find that the Superior Court incorrectly confined plaintiffs to the evidentiary record established in the administrative proceeding, we vacate the judgment entered on plaintiffs’ equitable es-toppel claims. … Rules of the MSRS, ch. 101, § 2 (amended Aug. 11,1987) (emphasis added). 4 This rule, however, does not clearly qualify subsection B(l), particularly given the provision in the same rule that “a maximum of thirty days of

Norman Gaudette v. Terry M. Davis Corrected August 24, 2017 (

2017 ME 86 · Supreme Judicial Court of Maine · May 9, 2017

Id. ¶ 36. [¶41] The prima facie showing that we established in Nader I avoided the constitutional impediments that the Court’s newly-established procedure creates. … But any subrogation by the Legislature of a common law cause of action needs to be clearly stated on the face of the statute. See State Farm Mut. Auto. Ins. Co. v.