Case law

Allen v. Exxon Shipping Co.

639 F. Supp. 1545 · District Court, D. Maine · Jul 31, 1986

In such circumstances, set-off is clearly appropriate. Id. … However in the view of the Court, it is not essential that such be the sole purpose of the plan in order for the payments to qualify under the pertinent provisions of law for set-off.

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.

WEBBER

District Court, D. Maine · Jul 14, 2026

As the Plaintiffs see it, FAME “did not adequately integrate records related to The Maine Loan program into its own records, did not review, verify, or establish the accuracy of the contents of the records before it sued … Quinlan, 32 F.4th 15, 20 n.8 (1st Cir. 2022) (recognizing a qualified First Amendment right of public access to civil complaints); Doe v. Mass. Inst.

Covillion v. Alsop

145 F. Supp. 2d 75 · District Court, D. Maine · May 15, 2001

Clearly, Forrester “seized” Plaintiff when he placed handcuffs on him, and therefore the Fourth Amendment reasonableness test applies. See, e.g., Landol-Rivera v. … The Court notes that Forrester and Giggey also proffer arguments that they are entitled to qualified immunity, which the Court does not reach in light of its holding.

Rooney v. Sprague Energy Corp.

581 F. Supp. 2d 94 · District Court, D. Maine · Oct 9, 2008

Rooney was a qualified individual. See White v. N.H. … The evidence established that Mr.

United States v. Roper

681 F. Supp. 77 · District Court, D. Maine · Mar 3, 1988

Reliance Even if Defendant had established that the Health Service assured her a waiver in 1981, she must then establish that she relied, both reasonably and detrimentally, on those alleged assurances. … Clearly, it did.

MAKIN

District Court, D. Maine · Sep 8, 2026

written assurance that the student will be “immunized within 90 days” or provides written consent to immunization at a school health clinic; (2) a medical exemption, available upon submission of “a written … With respect to the medical exemption, § 6355(2) provides only an objectively defined exception tied to statutory criteria and a qualified medical provider’s professional judgment.

United States v. Walsh

702 F. Supp. 2d 6 · District Court, D. Maine · Apr 6, 2010

Once the moving party has made a preliminary showing that no genuine issue of material fact exists, the nonmoving party must “produce specific facts, in suitable evidentiary form, to establish the presence of a trial-worthy … Rather, the admission in Defendants’ Answer clearly forecloses Defendants from factually disputing the timeliness of the Government’s collection action. IV.

Packgen v. Berry Plastics Corp.

46 F. Supp. 3d 92 · District Court, D. Maine · Sep 12, 2014

It also argues these cases do not establish that the ten year loss period contravenes Maine law. Id. … Filler’s opinions are clearly unreliable, irrelevant and inadmissible” on this basis.

Tobin v. University of Maine System

62 F. Supp. 2d 162 · District Court, D. Maine · Aug 13, 1999

*167 In light of the Court’s determination that Plaintiff has failed to raise a genuine issue of fact as to Defendants’ motivation, the Court need not address Defendants’ arguments relating to rational basis review and qualified … immunity.

Cote v. T-Mobile USA, Inc.

168 F. Supp. 3d 313 · District Court, D. Maine · Mar 2, 2016

The employer “must clearly set forth, through the introduction of admissible evidence, the reasons for the [employee’s termination]. … T-Mobile made a qualified response to Ms.

Meader v. District Lodge 4, Industrial Union of Marine Workers

786 F. Supp. 95 · District Court, D. Maine · Feb 28, 1992

International Ass’n. of Bridge, etc., Workers, 854 F.2d 1169 (9th Cir.1988) (holding that statutorily protected speech did not immunize union members from discipline by the union for establishing a rival union, becoming its … Consequently, assuming that the Article XX proceeding qualifies as a proceeding before an “administrative agency,” or as an “administrative proceeding”—a matter that this Court need not decide—it does not, as in the case

Reed Paper Co. v. Procter & Gamble Distributing Co.

144 F.R.D. 2 · District Court, D. Maine · Oct 7, 1992

She states clearly that she read the letter dated July 16, 1991, authored by Mr. Baker, which informed Mr. … Further, the facts of Terry established the existence of an employment relationship clearly indicating a very broad and general power of the employee; much more so than does the record here.

Hammond v. Marx

406 F. Supp. 853 · District Court, D. Maine · Dec 31, 1975

Hammond, III, contends his son is entitled to be administered tests for the purpose of evaluating his readiness for the first grade and to be admitted if these tests show him to be qualified to do so. … examiners, and that the reliability of available tests of school readiness was not clearly established.

Bolduc v. National Semiconductor Corp.

35 F. Supp. 2d 106 · District Court, D. Maine · Dec 21, 1998

Recovery under both a federal and state statute for the enforcement of the same right is clearly prohibited. … The Court must, therefore, determine at what point National clearly communicated a repudiation of Bolduc’s claim for benefits.

NICHOLAS v. CAMUSO

District Court, D. Maine · May 12, 2023

established Supreme Court precedent. … Moreover, this claim clearly fails on the merits.

Bangor Baptist Church v. Maine, Department of Educational & Cultural Services

549 F. Supp. 1208 · District Court, D. Maine · Oct 26, 1982

On the contrary, the burdens clearly appear, though their extent remains subject to proof at trial. … Immunization. Comply with the immunization provisions under section 6351; 2. Language of instruction. Use English as the language of instruction except as specified under section 4602; 3. Courses required by statute.

United States v. Chaloner

25 F. Cas. 392 · District Court, D. Maine · Jun 15, 1831

The argument for the plaintiff is, that wherever the word is used without qualification, it is to be taken in its most general sense, and that when the meaning is intended to be restricted to packets of letters, the qualifying … A packet containing, in an envelope, several letters, is clearly within the intention of the act. and I think fairly within the letter.

Canning v. Broan-Nutone, LLC

480 F. Supp. 2d 392 · District Court, D. Maine · Mar 30, 2007

Smith, clearly identifies the motor involved in the fire as a replacement motor, designated as model number JA1M046, designed and manufactured for the Nu-Tone Model 8810 Exhaust Fan. … They could have initially qualified their response to answer subject to the completion of discovery.

LaMarche v. Metropolitan Life Insurance

236 F. Supp. 2d 34 · District Court, D. Maine · Dec 16, 2002

Thus, if LaMarehe can establish that any one of his several claims could entitle him to the proceeds, Armesto’s motion must be denied. … Nevertheless, because LaMarche has established that these annuities were "qualified retirement plans,” Docket No. 49, ¶ 4, I consider the foregoing assertion to be an appropriate inference for the Court to draw under the