Case law

Coffin v. Bowater Inc.

228 F.R.D. 397 · District Court, D. Maine · Jun 21, 2005

It clearly perceives the obvious fact that Bowater is insisting on satisfaction of the requirement that each class member exhaust administrative remedies to qualify for class membership and then acting without any other purpose … Any defenses that Bowater can assert on dispositive motions as against class members who qualify as of the filing date for dispositive motions will operate with identical force and effect as against those persons who qualify

Nationwide Payment Solutions, LLC v. Plunkett

697 F. Supp. 2d 165 · District Court, D. Maine · Mar 24, 2010

In the Court’s assessment, there is a substantial likelihood that this May 2008 exchange between Nationwide and WTA qualifies as a first use in commerce. … In the Court’s view, the current record easily establishes the first four elements.

Fulkerson v. Commissioner, Maine Department of Human Services

802 F. Supp. 529 · District Court, D. Maine · Aug 13, 1992

Equal Access The language, requiring equal access to care was clearly intended to benefit the class plaintiffs. … “In order for an agency to qualify as the Medicaid agency ... [it] must not delegate, to other than its own officials, authority to ...

Romeo J. Roy, Inc. v. Northern National Bank (In Re Romeo J. Roy, Inc.)

32 B.R. 1008 · District Court, D. Maine · Sep 14, 1983

It establishes a system whereby Bankruptcy Judges adjudicate related proceedings in the first instance and sometimes, upon consent of the parties, in the last instance. … The courts are no more immune to the edicts of the Constitution than is the Congress.

Maritimes & Northeast Pipeline, L.L.C. v. 16.66 Acres of Land

190 F.R.D. 15 · District Court, D. Maine · Oct 27, 1999

The interests of the landowners clearly support dismissing this claim. … Consequently, the counterclaim cannot barred on the grounds of sovereign immunity- .

Marcello v. Maine

238 F.R.D. 113 · District Court, D. Maine · Oct 19, 2006

Service proceeds, as Caisse establishes, under Rule 4(e), which is subject to the waiver provision. … Acting in their official capacities, code enforcement officers are typically protected by qualified immuni-1y and judges are virtually always protected by absolute immunity.

Dewilde v. Guy Gannett Publishing Co.

797 F. Supp. 55 · District Court, D. Maine · Jul 1, 1992

I felt I was well qualified for that position because I was an account executive in radio and I worked with account in traffic at WPXT-TV. … Clearly, most persons whose jobs are terminated feel powerless and worry about finances as Plaintiff did.

GILBERT v. MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES

District Court, D. Maine · Dec 30, 2024

To succeed on a claim pursuant to Title II of the ADA, a plaintiff must establish: (1) that he is a qualified individual with a disability; (2) that he was either excluded from participation in or denied the benefits of … Gilbert has pleaded sufficient facts at the motion to dismiss stage to establish he is a qualified individual with a disability.

Rucker v. Lee Holding Co.

419 F. Supp. 2d 1 · District Court, D. Maine · Mar 10, 2006

This would clearly not satisfy the requirement that Plaintiff be employed for at least twelve months. … This regulation clearly contemplates that twelve non-consecutive months are adequate to establish eligibility for an employee who maintains an ongoing relationship with his employer, and whose attendance might be interrupted

Dion v. COM'R, MAINE DEPT. OF HUMAN SERVICES

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

However, resort to dictionaries to establish the plain meaning of a statutory term is not always conclusive. See Burns v. … The State of Maine waived any Eleventh Amendment sovereign immunity it may have enjoyed by removing the action to this Court and by bringing third-party claims against the federal defendants. See M.A.I.N. v.

Daigle v. STULC

794 F. Supp. 2d 194 · District Court, D. Maine · Jun 27, 2011

Daigle, she has established: 1) that Dr. … Daigle filed a copy of the application with the Court and the questions and answers clearly appear as quoted in the application.

League of Women Voters v. Diamond

965 F. Supp. 96 · District Court, D. Maine · Feb 19, 1997

Rhodes, 393 U.S. 23, 31 , 89 S.Ct. 5, 10 , 21 L.Ed.2d 24 (1968) ("No extended discussion is required to establish that the Ohio laws before us give the two old, established parties a decided advantage over any new parties … The recent history of Maine's state elections clearly demonstrates the power of incumbency.

League of Women Voters v. Diamond

965 F. Supp. 96 · District Court, D. Maine · Feb 19, 1997

Rhodes, 393 U.S. 23, 31 , 89 S.Ct. 5, 10 , 21 L.Ed.2d 24 (1968) (“No extended discussion is required to establish that the Ohio laws before us give the two old, established parties a decided advantage over any new parties … The recent history of Maine’s state elections clearly demonstrates the power of incumbency.

Leonard v. Department of the Navy

786 F. Supp. 82 · District Court, D. Maine · Feb 27, 1992

The Supreme Court clearly established this jurisdictional basis: When a member of the armed forces has applied for a discharge as a conscientious objector and has exhausted all avenues of administrative relief, it is now … If a qualified officer of this grade is not available, the commanding officer may appoint an officer of the grade of lieutenant who, in the opinion of the commanding officer, is well qualified to undertake the investigation

Boyce v. Commissioner, Maine Department of Corrections

217 F. Supp. 2d 108 · District Court, D. Maine · Jul 23, 2002

Therefore, the State court’s determination was not contrary to or an unreasonable application of, what is, clearly established federal law. … Certainly this holding was clearly established federal law within the meaning of 28 U.S.C. § 2254 (d)(1) at the time of Boyce’s conviction.

Pyne v. United States

638 F. Supp. 946 · District Court, D. Maine · Jun 27, 1986

the marital gift (and consequently the resulting marital deduction) would be less — the giving of an amount “equal to the maximum marital deduction allowable in determining the Federal Estate Tax imposed upon my estate” clearly … marital gift to any percentage or portion of the estate. 7 Finally, defendant argues that Maine case law contemplates that an intention to shift the inheritance tax burden to the residuary portion of the estate must be “clearly

Boynton v. Casey

543 F. Supp. 995 · District Court, D. Maine · Jul 23, 1982

is required to supplant the privilege’ and may not be required to ‘waive such immunity.’ … established constitutional rights that his action cannot be characterized as being in good faith.

Ricci v. Key Bancshares of Maine, Inc.

111 F.R.D. 369 · District Court, D. Maine · Jul 11, 1986

Sanctions are clearly in order. I do have a problem with regard to Attorneys Poulos and Campbell. … Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982) (Plaintiff suing public official must show at the start a breach of qualified immunity, and cannot proceed by way of depositions).

UNITED CANNABIS PATIENTS AND CAREGIVERS OF MAINE v. MAINE DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES

District Court, D. Maine · Apr 22, 2021

The Defendants note that “the Department is plainly the type of agency that qualifies as an arm of the state for purposes of sovereign immunity” and that “Maine scrupulously guards its Eleventh Amendment sovereign immunity … By statute, the Department “is established as the principal fiscal department of State Government.” 5 M.R.S.A. § 281.

Hall v. Home Depot U.S.A., Inc.

752 F. Supp. 2d 58 · District Court, D. Maine · Oct 21, 2010

I concur with the Magistrate Judge’s Memorandum Decision because it is neither clearly erroneous nor contrary to law. The motion to exclude the testimony of Robert V. … Finally, he did not design or create the guard that he testified was necessary, so its feasibility cannot be established. Id. at 6.