Case law

Pro Con, Inc. v. Interstate Fire & Casualty Co.

794 F. Supp. 2d 242 · District Court, D. Maine · Jun 30, 2011

Thus, before it is entitled to a determination of the duty to defend, Pro Con must first establish at the outset that it qualifies as an additional insured. … As previously stated, these allegations clearly establish that the injury arose out of CCS’s operations performed for Pro Con.

Samaan v. St. Joseph Hospital

274 F.R.D. 41 · District Court, D. Maine · Apr 1, 2011

Samaan cannot establish a foundation to qualify Drs. Walsh or Hussein as expert witnesses on the Efficacy of t-PA in this case. Id. at 6-8. The Defendants draw the Court’s attention to Dr. … Hussein is qualified to testify about the efficacy of t-PA.” Def.’s Mot. at 7-8. They note that Mr. Samaan has produced medical records that seem to establish “that Dr.

CTC Communications Corp. v. Bell Atlantic Corp.

77 F. Supp. 2d 124 · District Court, D. Maine · Jan 12, 1999

Only sham recourse to governmental agencies and the courts is not immune. Id. at 58 , 113 S.Ct. 1920 . … While these statutes do not establish a “clearly articulated and affirmatively expressed state policy,” Midcal, 445 U.S. at 105 , 100 S.Ct. 937 , by specifically authorizing Bell’s use of termination penalties and cancellation

AVERY v. WELLPATH LLC

District Court, D. Maine · May 24, 2021

immunity. … not “clearly established.”

United States v. Duhamel

770 F. Supp. 2d 414 · District Court, D. Maine · Mar 18, 2011

The Indictment clearly alleges that *416 Duhamel was not entitled to any funds as a Plan participant after 2002. (See Indictment ¶ 15.) II. … The Court's ruling limiting the temporal scope of the Indictment does not foreclose the Government from seeking to introduce evidence of actions taken prior to December 15, 2005, so long as the Government establishes that

Doe Ex Rel. Maine Department of Human Services v. Rowe

156 F. Supp. 2d 35 · District Court, D. Maine · Aug 9, 2001

Therefore, a person otherwise qualified, who is mentally ill but not under guardianship for that illness, may register and vote. … This result is clearly displayed by the evidence suggesting that some persons under guardianship for mental illness, in fact, continued to vote while under guardianship.

Miller v. McCormick

605 F. Supp. 2d 296 · District Court, D. Maine · Mar 26, 2009

Defendants also assert the affirmative defenses of qualified immunity and unclean hands. Answer of Defs. Dale McCormick, Maine State Housing Authority and Penquis Community Action Program; Countercl. (Docket # 10). D. … By qualifying for the “homeownership option” of Section 8, Mr.

Forum Financial Group v. President & Fellows of Harvard College

173 F. Supp. 2d 72 · District Court, D. Maine · Nov 19, 2001

Immunity as a Nonprofit, Charitable Organization Defendant Harvard has also claimed immunity as a nonprofit, charitable organization. … As the Law Court has explained, “in order to qualify for charitable immunity, an institution, must, inter alia, derive its funds ‘mainly from public and private charity.’ ” Thompson v.

COPAN ITALIA SPA v. PURITAN MEDICAL PRODUCTS COMPANY LLC

District Court, D. Maine · Jun 1, 2022

Puritan argues that the first of the four ways to qualify applies here: Covered countermeasures include “a qualified pandemic or epidemic product.” Id. § 247d-6d(i)(1)(A). … PREP Act Immunity “As a general rule, a properly raised affirmative defense can be adjudicated on a motion to dismiss so long as (i) the facts establishing the defense

PARDUE v. SANFORD

District Court, D. Maine · Jul 8, 2025

Qualified immunity protects law enforcement officers “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights.” Harlow v. … Notwithstanding the First Circuit’s recent undermining of qualified immunity under the “akin to” exception to the clearly established constitutional right prong, the Defendants are all entitled to summary judgment based

Portland Cellular Partnership v. Inhabitants of the Town of Cape Elizabeth

139 F. Supp. 3d 479 · District Court, D. Maine · Sep 30, 2015

The question thus becomes whether, for purposes of the Spectrum Act, the Town’s zoning amendments qualify the Water Tower as a structure that, at the time of Verizon’s permit application, supported or housed qualifying equipment … The use of the equipment shelter to support Verizon’s antennas will, therefore, be “clearly incidental and related to that of the principal building,” i.e., the Water Tower.

ROSS v. POLKY

District Court, D. Maine · Oct 22, 2024

Maine, 527 U.S. 706, 728-29 (“The Eleventh Amendment confirmed, rather than established, sovereign immunity as a constitutional principle . . . .”). … CLARK Clark argues that she is entitled to qualified immunity.

TAIT v. LAKE REGION SCHOOL DISTRICT

District Court, D. Maine · Mar 4, 2024

They also allege that Daggett “violated clearly established law that her 3 Plaintiffs do not articulate a request for any relief other than monetary damages, costs, interest, and attorney’s fees, although the conclusion … City of Providence, R.I., 596 F.3d 38, 55 n.23 (1st Cir. 2010) (“Unlike individual defendants, municipalities are not entitled to qualified immunity.”).

Doe v. School Administrative District No. 19

66 F. Supp. 2d 57 · District Court, D. Maine · Aug 31, 1999

Deliberate Indifference After establishing actual notice, Plaintiffs must also present evidence that the response of school officials was clearly unreasonable and rose to the level of deliberate indifference. … immunity.

RAMEAU

District Court, D. Maine · Jul 14, 2026

established law. … Defendants argue that qualified immunity shields the female corrections officers who were present during Plaintiff’s labor and delivery, citing Brown v. Cumberland County, 687 F. Supp. 3d 150, 164 (D. Me. 2023).

KEENAN v. TOWN OF SULLIVAN

District Court, D. Maine · Sep 29, 2023

“The doctrine of qualified immunity shields officers from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ … Maine, 849 F.3d 521, 523 (1st Cir. 2017) (vacating dismissal based on qualified immunity on a 12(b)(6) motion where the complaint articulated a clearly established constitutional violation, albeit in bare-bones fashion,

Soileau v. Guilford of Maine, Inc.

928 F. Supp. 37 · District Court, D. Maine · Jun 10, 1996

The first such element requires that a plaintiff establish that he is within the protected class, which under the ADA, would require the plaintiff to qualify as disabled. Haysman v. … Guilford argues that Soileau does not qualify as disabled under the ADA.

Thomas v. United States

254 F. Supp. 2d 174 · District Court, D. Maine · Apr 14, 2003

However, the affidavit does establish all of the necessary prerequisites. … There is no right to sue the United States in the absence of a waiver of its sovereign immunity and the statute waiving that immunity has no applicability if the summons was not issued to a third-party record-keeper.

Montrose v. Heckler

579 F. Supp. 240 · District Court, D. Maine · Feb 1, 1984

The Secretary here is clearly in default of the requirements placed upon her by Rule 12(a) of the Federal Rules of Civil Procedure and the explicit language of 42 U.S.C. § 405 (g). … Such conduct is deserving of the severest condemnation in a case of this type which involves a claimant who is so penurious that he has qualified to have in forma pauperis status conferred upon him in order that he may pursue

Witt v. Secretary of Labor

397 F. Supp. 673 · District Court, D. Maine · Jun 3, 1975

Clearly, the prohibition against sex discrimination in Regulation 60.6(e) falls squarely within the Secretary’s authority under Section 212(a) (14) to deny labor certifications which adversely affect “working conditions” … Witt has only six employees at her establishment. There is no merit in this contention.