Case law

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.

GRIGNON v. NORTHERN LIGHT HEALTH

District Court, D. Maine · Jul 15, 2025

By regulation, DHHS mandates that “each Designated Healthcare Facility in the State of Maine must require for all employees who do not exclusively work remotely a Certificate of Immunization, or Proof of Immunity … Rules, tit. 10-144, ch. 264 § 2 (“Immunization Requirements for Healthcare Workers”).

Diva's, Inc. v. City of Bangor

21 F. Supp. 2d 60 · District Court, D. Maine · Sep 23, 1998

While nude dancing enjoys First Amendment protection, it is not completely immune from all regulation. Indeed, ordinances designating specific areas of a city where such performances may take place, City of Renton v. … The harms to Plaintiffs clearly outweigh any harm to the City. 3.

Willinghan v. Town of Stonington

847 F. Supp. 2d 164 · District Court, D. Maine · Mar 7, 2012

He claims that his request for medical leave is a “well-established form of reasonable accommodation for an employee with a disability.” Id. … Larrabee's deposition, he clearly confirms that Mr. Willinghan asked for family medical leave during the September 24, 2007 Selectmen meeting. PRDSMF ¶ 34 (citing PSAMF Attach. 4, Larrahee Dep. 20:9-25). .

McLaughlin v. United States

671 F. Supp. 72 · District Court, D. Maine · Sep 18, 1987

Discussion The applicable provisions of law are well established. … The claim is clearly limited to one that the Coast Guard negligently failed to institute any search or rescue operation.

Levesque v. Sheehan

821 F. Supp. 779 · District Court, D. Maine · May 12, 1993

A separate state entity must be established to administer the child support enforcement plan. Id. § 654(3). … Moreover, in drafting the statute Congress clearly distinguished between when payments are made and when they are received. Id. at 959 .

Haskell v. Ingalls

11 F. Cas. 772 · District Court, D. Maine · May 10, 1871

Cleaves was adjudged bankrupt on his own petition filed March 17, 1871, and the plaintiff has been duly qualified as his assignee. … The case does not find that the bankrupt procured the attachment to be made or his property to be seized on execution; but it does most clearly establish that he being insolvent suffered his property to be attached and afterwards

Powers v. Maine School Administrative District No. 1

359 F. Supp. 30 · District Court, D. Maine · May 25, 1973

are free to establish any apportionment they choose, so long as it is “fair and equitable” and each municipality is allocated at least one director. … For the reasons stated, the Court holds that the one person, one vote principle is applicable to the defendant District and that the allocation of directors among the five municipalities of the District clearly violates that

Bernath v. Potato Services of Michigan

300 F. Supp. 2d 175 · District Court, D. Maine · Jan 15, 2004

Also, the amount established reasonably compensates the Plaintiff for the breach. The Plaintiff bargained for Certified Superior seed potatoes. … In doing so, the Defendant has established what the summer camp did not.

Bailey v. Maine Commission on Governmental Ethics

900 F. Supp. 2d 75 · District Court, D. Maine · Sep 30, 2012

But the undisputed facts of this case establish that the Cutler Files was more like a negative campaign flyer than a periodical publication. 27 The website was established for the sole purpose of advocating the defeat of … The Plaintiff has also failed to establish any entitlement to reversal of the Commission’s determinations.

Snowdon v. A.W. Chesterton Co.

366 F. Supp. 2d 157 · District Court, D. Maine · Feb 22, 2005

In Freiburg, 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.

Bangor Baptist Church v. State of Me., Dept. of Educ.

576 F. Supp. 1299 · District Court, D. Maine · Dec 20, 1983

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. … Clayton is clearly distinguishable. The Alaska legislature had declared that certain traffic infractions are "not considered criminal.”

Shaw v. Mitchell

21 F. Cas. 1195 · District Court, D. Maine · Oct 15, 1843

Such ehoses in action are a qualified gift. He has a right to sue for and recover them, but they do not become absolutely his until he has reduced them into his possession. … If the husband had died after the bankruptcy, it is clearly settled that the wife would have been entitled to the whole fund by survivorship. Pierce v. Thornely, 2 Sim. 167.

GLL GmbH & Co. Messeturm KG v. LaVecchia

247 F.R.D. 231 · District Court, D. Maine · Feb 15, 2008

Balsys, the Supreme Court held that the privilege to remain silent absent a grant of immunity is not available to one who does not face criminal prosecution by the federal government or a state government; that the proper … If further briefing is required, I will establish the schedule for it at that time. Additionally, *235 I will address the matter of deadlines and dispose of the presently pending objection to the scheduling order (Doc.

Friends of Merrymeeting Bay v. United States Department of Commerce

810 F. Supp. 2d 320 · District Court, D. Maine · Aug 17, 2011

First, Plaintiffs are unlikely to establish that the emergency consultation that has occurred to date qualifies as a “final agency action” by NMFS. … By contrast, Plaintiffs are unlikely to establish that the emergency consultation that has occurred here qualifies as a final agency action by NMFS.

Franchini v. Bangor Publ'g Co.

383 F. Supp. 3d 50 · District Court, D. Maine · Mar 29, 2019

To establish the requisite public controversy, "it must be shown that persons were actually discussing some specific question" prior to the alleged defamation. Lluberes v. … Here, the statements at issue clearly meet the "broad" Levinsky's standard and relate to matters of public concern. Veilleux v. Nat'l Broad. Co., Inc. , 8 F.Supp.2d 23 , 34 (D. Me. 1998).

Godin v. Machiasport School Department Board of Directors

844 F. Supp. 2d 163 · District Court, D. Maine · Feb 17, 2012

Bouchard was also clearly on the Plaintiffs side in her dispute with the teachers and staff. The Board members relied heavily on Dr. Bouchard for guidance. … Godin was not immediately qualified to take the teacher/principal position, and the record contains no evidence that Ms. Godin offered to become qualified for the position after being offered it by Dr. Bouchard. 50.

United States v. Hudson

26 F. Cas. 406 · District Court, D. Maine · Apr 15, 1874

These facts were all established in the present case. … , and that the averments in the indictment in relation thereto were established.

United States v. The Tug Richard J. Moran

201 F. Supp. 570 · District Court, D. Maine · Jan 10, 1962

Claimant’s uncontroverted affidavits establish that no director or officer of Moran Towing Corporation or of claimant, other than Mr. Thompson, was informed of the claim until the filing of the libel in August, 1960. … Thus the immunity of the government against the defense of laches is preserved.

DeLorme Publishing Co. v. National Oceanic & Atmospheric Administration of the United States Department of Commerce

917 F. Supp. 867 · District Court, D. Maine · Mar 12, 1996

“specifically exempted from disclosure by [a] statute” other than FOIA, as long as the statute: “(A) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or (B) establishes … That process clearly entails “a systematic application of knowledge toward production of useful materials [or] devices.” § 688(e)(5). 4 2.