Case law

Brown v. Hartt Transportation, Systems, Inc.

725 F. Supp. 2d 210 · District Court, D. Maine · Jul 14, 2010

Even prior to the Williams decision, courts were refusing to treat a brief period of hospitalization as establishing a record of a qualifying disability. Bilodeau v. … a prima facie case of a qualifying disability or record of a qualifying disability. e.

Nicolson v. Pappalardo

674 F. Supp. 2d 295 · District Court, D. Maine · Dec 16, 2009

To qualify for relief under the Hague Convention, a petitioner seeking return of a child must establish by a preponderance of the evidence that the child was “wrongfully removed or retained” within the meaning of the Convention … The Petition alleges adequate facts to establish Australia as S.G.N.’s habitual residence immediately prior to the retention. B.

Chadwick v. WellPoint, Inc.

550 F. Supp. 2d 140 · District Court, D. Maine · May 2, 2008

Here, the plaintiff charges sex discrimination because she was denied a promotion for which she says that she was better qualified than her competitor. But the promotion went to another woman. … I do not agree that my earlier decision, denying the defendants’ motion to dismiss, established law of the case that forecloses the plaintiff's claims of stereotyping on this summary judgment motion.

Daggett v. Webster

74 F. Supp. 2d 53 · District Court, D. Maine · Nov 5, 1999

If the matching provision is to work, clearly some reporting mechanism is required. … Because elections are a contest between at least two candidates, clearly the law confers both a benefit and a penalty—it depends on whose perspective is chosen.

GILBERT v. MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES (DHHS)

District Court, D. Maine · Feb 4, 2025

The State of Maine is immune from suit in this Court under the doctrine of sovereign immunity exemplified by the Eleventh Amendment to the United States Constitution, regardless of the form of relief requested. … Even if the Court were to construe Plaintiff’s filings to include a request for prospective relief against a state official rather than the state agency, “there is no clearly established law regarding the minimally constitutional

Bernier v. Johns-Manville Sales Corp.

547 F. Supp. 389 · District Court, D. Maine · Aug 9, 1982

There is no question that as a compensation-paying employer, BIW is immune, by reason of Section 5(a) of the LHWCA, from third-party claims for contribution, at least to the extent that, as an employer, it is immune from … Control of the vessel clearly remained with the United States Navy or the private shipowner.

Wilwal v. Nielsen

346 F. Supp. 3d 1290 · District Court, D. Maine · Sep 27, 2018

"Where ... a case is at the pleading stage, the plaintiff must 'clearly ... allege facts demonstrating' each element" of standing. Spokeo , 136 S.Ct. 1540 at 1547 (quoting Warth v. … Generally, the United States is immune from suit; however, by passing the FTCA, the Federal Government consented to be sued in certain circumstances. Hinsley v.

Graffam v. Scott Paper Co.

870 F. Supp. 389 · District Court, D. Maine · Dec 2, 1994

Here the fact that the mill formulated a rating system in which subjective decisions would be made does not mean that the practice is immune to challenge for illicit discrimination. … The method chosen by Warren to implement its reduction in force is clearly not the only way to assess salaried employees. Nor was this Dr. Mahoney’s ideal selection process.

Lynch v. Christie

815 F. Supp. 2d 341 · District Court, D. Maine · Sep 7, 2011

Sexual assault is clearly illegal, subject to criminal penalties, civil recovery, and professional discipline. … It shifted the burden to the plaintiff to establish “that there is a probability that the plaintiff will prevail on the claim.” Id. at 635 .

WHITNEY v. CASSIDY

District Court, D. Maine · Sep 12, 2022

¶ 21.9 In their Reply, the Defendants contend that the “Plaintiff’s Complaint, on its face, quite clearly alleges Defendants’ liability for the creation of a hazardous condition on land that injured Plaintiff … for immunity under a recreational land use statute similar to Maine’s.

American Employers' Insurance v. Delorme Publishing Co.

39 F. Supp. 2d 64 · District Court, D. Maine · Jan 29, 1999

These claims were clearly alleged in Rand McNally’s counterclaim. … It would belie logic to interpret the exclusion in a manner that rendered it wholly inapplicable because no insureds would qualify.

LOWE v. MILLS

District Court, D. Maine · Feb 23, 2024

The “COVID-19 Vaccine” qualifier plainly narrows the Plaintiffs’ claims as challenging the vaccination requirement for one of the diseases listed in the version of the regulation in effect after August 12, 2021, or … Salerno, 481 U.S. 739, 745 (1987) (“A facial challenge to a legislative Act is, of course, the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under

Doe v. Cape Elizabeth Sch. Dep't

382 F. Supp. 3d 83 · District Court, D. Maine · Apr 4, 2019

To ensure that every disabled student receives a free appropriate public education ("FAPE"), state and federal laws require schools to identify children who qualify as disabled or who the schools reasonably suspect may qualify … The forty-five day timeframe is established by Maine law. Federal law allows sixty days, but permits the states to establish a more demanding deadline. 20 U.S.C. § 1414 (a)(1)(C)(i)(I).

MONTOYA

District Court, D. Maine · Aug 4, 2026

And even granting Respondents’ framing, a “hybrid” proceeding still qualifies as civil to fall within the EAJA’s use of “any”; nothing in the statute’s text demands an action be “purely a civil action” in order to qualify … It therefore “establishes a discretionary detention framework for noncitizens.” Gomes v. Hyde, No. 25-CV-11571, 2025 WL 1869299, at *1 (D. Mass. July 7, 2025). argument in response to a fees motion.

Ridge v. Cape Elizabeth School Department

77 F. Supp. 2d 149 · District Court, D. Maine · Oct 27, 1999

Therefore, CESD argues, Plaintiff cannot establish her prima facie case of actual disability discrimination. Id. … Bell Dep., Exhibit 10 (Bell stated in Plaintiffs performance review that she was “clearly academically qualified to do her job,” and that she “accurately completes most tasks required of her”).

HART v. ARCHER

District Court, D. Maine · May 10, 2024

App’x at 63 (prosecutor was entitled to absolute immunity from speedy trial claim); Nivens v. … Defendant Samson would be entitled to qualified immunity even assuming Plaintiff could ultimately establish a constitutional violation and have his charges dismissed. See generally, Malley v.

MURPHY v. BOLDUC CORRECTIONAL FACILITY

District Court, D. Maine · Jun 9, 2022

The State of Maine is immune from suit in this Court under the doctrine of sovereign immunity exemplified by the Eleventh Amendment of the United States Constitution. … That is, Plaintiff has presented no facts to establish that the nurses possessed the requisite mental state necessary to prove deliberate indifference.

PLOURDE v. CEJKA

District Court, D. Maine · Feb 9, 2024

Qualified Immunity Finally, the Defendants assert that they are entitled to qualified immunity for each of Mr. … The Troopers Are Entitled to Qualified Immunity The Defendants also assert that Mr.

Newhouse v. Canal National Bank of Portland

124 F. Supp. 239 · District Court, D. Maine · Sep 10, 1954

The plaintiffs are certain of the beneficiaries of a trust established under the will of Mary J. E. Clapp. 1 This action is against Sidney St. F. … In the case at bar, as the facts clearly indicate, the Bank had no financial interest in the transaction relative to the receipt and disbursement of the moneys of the Clapp estate.

Marcus v. Allied World Ins. Co.

384 F. Supp. 3d 115 · District Court, D. Maine · Apr 23, 2019

Here, the Endicott complaint clearly asserts legal malpractice against Marcus and his law firm and seeks money damages. See Endicott Compl. ¶¶ 9-20, 164. … Opp'n ¶¶ 47-48 (qualifying but not with respect to the asserted dates).