Case law

Beach v. Smith

150 F. Supp. 3d 41 · District Court, D. Maine · Dec 10, 2015

Iqbal, 556 U.S. 662 , 129 S.Ct. 1937 , 173 L.Ed.2d 868 (2009) (dismissing a First Amendment Bivens claim based on qualified immunity); Bush v. … immunity).

Willey v. Ives

696 F. Supp. 1388 · District Court, D. Maine · Sep 30, 1988

Neither the statute nor any regulation specifically establishes a bona-fide-effort-to-sell exclusion. … Sovereign Immunity The Secretary moves to dismiss the complaint on the ground that the Maine Superior Court lacked jurisdiction of the Secretary under the doctrine of sovereign immunity and that the federal court therefore

E. Coast Test Prep LLC v. Allnurses.com, Inc.

307 F. Supp. 3d 952 · District Court, D. Maine · Jan 29, 2018

Taken as a whole, the Advisory page clearly "warns" (that is, gives notice to, counsels, and informs) Excelsior College students about third-party test prep companies. … First, ATP argues that the statute does not use the word "immunity," but cites only out-of-circuit courts that declined to extend CDA immunity to bar all causes of action against service providers.

JURKENAS v. CITY OF BREWER

District Court, D. Maine · Dec 29, 2020

Qualified Immunity Defendants contend that Plaintiffs’ amended complaint and its attached exhibits “clearly establish a basis for Qualified Immunity.” … Plaintiffs, therefore, have alleged that Defendants violated a clearly established law when it did not conduct the hearing. Qualified immunity does not apply under the circumstances.

In Re All Maine Asbestos Litigation (Biw Cases)

589 F. Supp. 1563 · District Court, D. Maine · Jul 5, 1984

Pennsylvania, 447 U.S. 715, 719, 722 , 100 S.Ct. 2432, 2435, 2437 , 65 L.Ed.2d 458 (1980), the Supreme Court clearly enunciated the three jurisdictional spheres within which marine-related injuries fall. … Concurrent federal and state jurisdiction in the “twilight zone” is now too well established to be disputed. Director v.

United States v. Jones

671 F. Supp. 2d 182 · District Court, D. Maine · Nov 17, 2009

The defendant proceeded to deny the Massachusetts conviction, and put the government to its burden of proof under 851(c) to establish the fact of conviction beyond a reasonable doubt. … I do have the Massachusetts indictment, and it clearly charges a qualifying crime (a felony drug charge).

FOX v. MAKIN

District Court, D. Maine · Mar 10, 2025

. ¶ 14 (citing Makin’s Opp’n, Attach. 3, Paul Fine, et al., “Herd Immunity”: A Rough Guide, 52:7 CLINICAL INFECTIOUS DISEASES 911-16 (2011); id., Attach. 4, Pedro Plans-Rubió, Evaluation of the establishment … Blaisdell clearly distinguished herd immunity thresholds from public health goals for vaccination coverage in schools: [Dr. Blaisdell]. You keep referencing this 95 percent.

Oakstone v. Postmaster General

397 F. Supp. 2d 48 · District Court, D. Maine · Oct 14, 2005

Oakstone also qualifies the extent of the Postal Service’s ability to exercise its discretion in assigning work. POSMF at ¶¶35, 51, 84. … In Flamingo Industries, the Supreme Court used the two-step analysis for immunity waiver determinations set forth in FDIC v.

United States v. Mahone

328 F. Supp. 2d 77 · District Court, D. Maine · Aug 6, 2004

Homer’s academic training and practical experiences qualifies her as an expert to opine on this issue. See United States v. … Despite its venerable lineage, the science of footwear analysis is not, of course, immune from a successful Daubert challenge. Compare United States v.

Warren v. Maine State Prison

490 F. Supp. 2d 9 · District Court, D. Maine · Jun 11, 2007

Warren has clearly filed suit against the Prison, an agency of the Maine Department of Corrections, the theory of liability against the Prison is murky. … However, “in order to construct a basis for liability, the injured party must establish that the supervising official was either ‘grossly negligent’ or ‘deliberately indifferent’ in failing to take precautions against the

Creamer v. Danks

700 F. Supp. 1169 · District Court, D. Maine · Mar 8, 1988

The reasoning of Dineen clearly contemplates application of the privilege to parties who act as their own attorneys in a judicial proceeding. … Without more, however, this evidentiary rule does not establish that Maine recognizes a tort remedy for breach of that confidentiality, see Logan v.

United States v. State of Me.

524 F. Supp. 1056 · District Court, D. Maine · Oct 13, 1981

The sliding scale fee at issue clearly satisfies the first part of the test. … Section 6-203(1) also establishes a fixed annual "notification" fee of $10.00 for each creditor.

ISMAIL v. ROBINSON

District Court, D. Maine · Feb 26, 2024

Regardless, Officer Wrigley argues that he is entitled to qualified immunity because he “did not violate any of Ismail’s clearly established constitutional rights.” Id. … Officer Wrigley Is Entitled to Qualified Immunity Officer Wrigley finally asserts that he is entitled to qualified immunity because he “did not violate any of Ismail’s clearly established constitutional

Stoddard v. Fisher

330 F. Supp. 566 · District Court, D. Maine · Jul 27, 1971

Maine participates in the AFDC program established by the Social Security Act of 1935, 42 U.S.C. §§ 601-644 . … mandatory eligibility requirements for the states or allows the states to establish their own, more restrictive, requirements.

OLSZEWSKI v. HUTCHINS

District Court, D. Maine · Jul 29, 2025

Selectman Hutchins’s Qualified Immunity Turning to Selectman Hutchins, Defendants argue Counts One and Two must be dismissed against him on the basis of his qualified immunity as a public official. … is entitled to qualified immunity in the instant case.

COX

District Court, D. Maine · May 13, 2026

Ultimately, the Ninth Circuit appears to be an outlier in establishing broader liability for publishing a mugshot, and the First Circuit has not spoken on the issue. … Under the MTCA, governmental entities are immune from suit unless their actions fit within one of the exceptions to immunity. Id. § 8104-A.

OLSZEWSKI

District Court, D. Maine · Jan 28, 2026

, qualified immunity did not apply. … As the Court concluded that it was not necessary to reach the issue of qualified immunity to decide the motion, the Court did not reach qualified immunity.

Hall v. Maine Municipal Employees Health Trust

93 F. Supp. 2d 73 · District Court, D. Maine · Mar 15, 2000

Since its establishment in 1982, MMEHT has operating on the assumption that it qualifies as an ERISA plan and filed all of the necessary papers with the IRS and the Department of Labor. … Therefore, once the Court finds that MMEHT was established by an association of employers, it need not determine about who maintains the plan to conclude that the plan qualifies as an EWBP. 10 .

Downeast Ventures, Ltd. v. Washington County

450 F. Supp. 2d 106 · District Court, D. Maine · Sep 7, 2006

Concluding that, if a sufficient foundation has been established, Fed.R.Evid. 701 allows a corporate employee to render a lay opinion as to the value of corporate property, this Court denies Defendants’ motions in limine. … Citing Maine law, 2 they argue *109 that the value of the seized equipment is not a matter of “common knowledge,” that expert testimony is “clearly needed,” and that a corporate employee is not qualified to testify as to

Dion v. Commissioner, Maine Department of Human Services

743 F. Supp. 80 · District Court, D. Maine · Jul 12, 1990

The Court finds dictionary definitions of the word "child" inconclusive in establishing a plain meaning of the term. … However, resort to dictionaries to establish the plain meaning of a statutory term is not always conclusive. See Burns v.