Case law

Theriault v. Brennan

488 F. Supp. 286 · District Court, D. Maine · Mar 26, 1980

The Act “established a one-time special Home Heating Crisis Assistance Program for 3 months of the winter of 1979-80.” … The availability of an additional $3.9 million for distribution to members of the proposed plaintiff class clearly gives them a significant “personal stake in the outcome of this controversy.”

Johnson v. VCG Holding Corp.

845 F. Supp. 2d 353 · District Court, D. Maine · Mar 9, 2012

VCG’s former counsel admits that it “operates premium adult entertainment establishments throughout the Country.” 29 PSAMF ¶63; DRPSAMF ¶ 21. … Nat’l Semiconductor Corp., 35 F.Supp.2d 106, 117 (D.Me.1998) (noting that, while “[r]ecoveiy under both a federal and state statute for the enforcement of the same right is clearly prohibited,” a plaintiff is "entitled to

United States v. Conagra Grocery Products Co.

4 F. Supp. 3d 243 · District Court, D. Maine · Mar 12, 2014

Qualified. … Qualified.

Needham v. Beecham, Inc.

515 F. Supp. 460 · District Court, D. Maine · May 12, 1981

The evidence in the instant case clearly establishes, however, that, as defendant urges, plaintiff’s termination took place on November 15, 1973. … This evidence establishes clearly that defendant was motivated by the belief that plaintiff had falsified his expense reports.

SPARKS v. MILLS

District Court, D. Maine · Mar 26, 2021

Finally, Defendants argue they are not subject to Plaintiff’s suit to the extent there is a claim for money damages because they are immune under the qualified immunity doctrine. … Defendants’ assertion of qualified immunity is moot given this statement.

O'Leary v. Infrasource Transmission Services Co.

758 F. Supp. 2d 9 · District Court, D. Maine · Dec 8, 2010

To the contrary, Infra-Source argues these documents establish that he did not. Id. at 15. c. … Accordingly, especially in the absence of contrary evidence, the Court concludes that the Pedrick affidavit is sufficient to qualify her as an "other qualified witness” under Rule 803(6). Haag v.

United States v. Rogers

666 F. Supp. 2d 148 · District Court, D. Maine · Oct 7, 2009

On these facts, which in effect amount to nothing more than knowing, ordinary use of a file-sharing network, the court found the Government had met its burden of establishing that the defendant expected to receive child pornography … Moore, 572 F.3d 489 (8th Cir.2009) (noting the enhancement was “clearly applicable” because the defendant “downloaded and shared child pornography files via an internet peer-to-peer file-sharing network”); United States v

MacKenzie v. Robbins

248 F. Supp. 496 · District Court, D. Maine · Dec 14, 1965

“In order to qualify as a ‘person aggrieved by an unlawful search and seizure’ one must have been a victim of a search or seizure, one against whom the search was directed * * Ibid. … At the hearing on petitioner’s motion to suppress, Albert, -who was named as a eo-defendant in the state court proceeding, claimed, and was granted, constitutional immunity. He subsequently pleaded guilty. 2 .

Packgen v. BP Exploration & Production, Inc.

957 F. Supp. 2d 58 · District Court, D. Maine · Jul 19, 2013

Bigi clearly stated under oath that he was not aware of any oral orders to purchase boom from Packgen,” and denies that Mr. Bigi’s testimony represents an admission of BP. Defs. ’ Reply at 3. … Here, Packgen failed in discovery to establish a BP admission that would qualify under the judicial admission exception.

Burgess v. M/V Tamano

373 F. Supp. 839 · District Court, D. Maine · Mar 22, 1974

establishing a civil liability.” … Here, unlike Halcyon and Atlantic Coast Lines, the United States is not immune from tort liability to the plaintiffs.

Waldron v. George Weston Bakeries, Inc.

575 F. Supp. 2d 271 · District Court, D. Maine · Sep 10, 2008

The distributor then has 90 days to find a qualified buyer for the route. … Balancing of the Hardships In this case, the Court believes that the balance of hardships clearly tilts in favor of granting Plaintiffs the requested injunctive relief.

Donovan v. Bank of America

574 F. Supp. 2d 192 · District Court, D. Maine · Aug 29, 2008

Donovan's response is: "Qualified. The cited testimony does not establish that the check was in fact counterfeit. There is no designated expert testimony on that issue and none cited in the citations to this allegation. … Donovan’s response is: "Qualified. The cited testimony does not establish that the check was in fact altered. . There is no designated expert testimony on that issue and none cited in the citations to this allegation.

Randall v. Potter

366 F. Supp. 2d 120 · District Court, D. Maine · Feb 9, 2005

Local Rule 56(c) requires the respondent to “admit, deny or qualify the facts.” By failing to admit, deny or qualify the movant’s facts, Ms. … Regarding the affirmative defense, the Postal Service is clearly clarifying that it has asserted, and not waived Burlington Industries, Inc. v.

Bilodeau v. Mega Industries

50 F. Supp. 2d 27 · District Court, D. Maine · Jun 7, 1999

Also, no dispute exists between the parties that Plaintiff was “otherwise qualified” or “qualified to perform the essential functions of the job with or without reasonable accommodations.” … “The ADA clearly contemplates distinguishing the issue of misconduct from an employee’s status as an alcoholic,” McKey v. Occidental Chem.

LOPEZ

District Court, D. Maine · Feb 10, 2026

The ADA and Rehabilitation Act “provide, in nearly identical language, that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the … Assuming Plaintiff’s allegations regarding her substance use were sufficient to establish that she suffers from a disability, the claim under the ADA and Rehabilitation Act still fails because there are no facts from which

Stoddard v. Quinn

593 F. Supp. 300 · District Court, D. Maine · Aug 31, 1984

A campaign for United States Senate in Maine is not immune from the volatile forces that may create a demand for representation of the views of voters who become dissatisfied with available party choices at some late date … For the means by which a party may be qualified to hold a primary election, see 21 M.R.S.A. § 321 et seq. (1983 & Supp.1983-1984). 2 .

Farris v. SHINSEKI

762 F. Supp. 2d 141 · District Court, D. Maine · Jan 11, 2011

Compliance with the exhaustion requirements of § 2000e-16(c) “is a condition to the waiver of sovereign immunity and thus must be strictly construed.” Id. … The VA makes a qualified response to this fact proffered by Ms. Farris. DRPSMF 11 16. The Court recites Ms. Farris’ account as the non-moving party. 7 . The VA makes a qualified response to Ms.

Green v. A.W. Chesterton Co.

366 F. Supp. 2d 149 · District Court, D. Maine · Feb 22, 2005

In Freiberg , the asbestos-producing defendant who sought removal pursuant to § 1442 clearly recognized, as did the court, the desirability of producing the actual documents that might conclusively establish the necessary … Occasionally there is also a fourth dispute over a defendant's ability to qualify as a "person” under § 1442. See id.

McNally v. Prison Health Services

46 F. Supp. 2d 49 · District Court, D. Maine · Apr 27, 1999

In addition, Plaintiff is a “qualified individual with a disability” as the Supreme Court has ruled that HIV infection, even in its asymptomatic form, is a disability under the ADA. See Bragdon v. … regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Alfano v. United States

592 F. Supp. 2d 149 · District Court, D. Maine · Jan 15, 2009

In both examples the use of “individual” clearly suggests that the term applies to human rather than business entities. Other sections of the guidelines support this interpretation. … Compare 18 U.S.C. § 1028 (b) (establishing a statutory maximum prison term for some identity thefts of fifteen years), with 18 U.S.C. § 1344 (establishing a statutory maximum prison term for bank fraud of thirty years); but