Case law

Verizon New England Inc. v. Maine Public Utilities Commission

403 F. Supp. 2d 96 · District Court, D. Maine · Nov 30, 2005

The PUC made clear that it was not suggesting that it had authority to define the scope of Verizon’s § 271 obligations where the FCC had clearly spoken. Id. at 14. … The FCC’s statement, that applying TELRIC rates on a permanent basis could impede the statute’s goals, is doubly qualified.

United States v. Stone

824 F. Supp. 2d 176 · District Court, D. Maine · Sep 12, 2011

If necessary for effective discovery, the judge must appoint an attorney for a moving party who qualifies to have counsel appointed under 18 U.S.C. § 3006A. (b) Requesting Discovery. … On the other hand, an attorney’s actions do not necessarily qualify as communications. Cf. United States v.

MCBREAIRTY v. BREWER SCHOOL DEPARTMENT

District Court, D. Maine · May 6, 2025

Where, as here, it has been clearly established that a student’s psychological well-being and educational success depend upon being permitted to use the communal bathroom consistent with her gender … immunity.

Miller v. Ives

780 F. Supp. 49 · District Court, D. Maine · Nov 20, 1991

I conclude that the Secretary’s decision to exclude liquid resources used in a trade or business does not invalidate the Secretary’s general rule that liquid resources will be counted in considering whether an applicant qualifies … to the means of self-support of such individual (and such spouse) as to warrant its exclusion, as determined in accordance with and subject to limitations prescribed by the Secretary, except that the Secretary shall not establish

Gibbons v. Burnley

737 F. Supp. 1217 · District Court, D. Maine · May 14, 1990

Prima Facie Case Plaintiff argues that he established the required prima facie case at trial. The Court agrees. … The Court also notes that the evidence at trial indicates that Plaintiff was qualified to perform his job.

Philadelphia Indemnity Insurance v. Employers Insurance

703 F. Supp. 2d 41 · District Court, D. Maine · Apr 5, 2010

Section 158-A(l)(a) specifies that volunteers for charitable organizations are immune from civil liabilities. … Philadelphia interposed a qualified admission to Wausau’s paragraph 30, but the qualification was not related to these assertions.

Turner v. United States

226 F. Supp. 970 · District Court, D. Maine · Mar 3, 1964

A long line of Supreme Court decisions has established the principles of law applicable to the taxation of receipts from the extraction of mineral deposits. … In this respect, the court found the case before it to be “clearly distinguishable” from Albritton v.

Capalbo v. Kris-Way Truck Leasing, Inc.

821 F. Supp. 2d 397 · District Court, D. Maine · Oct 28, 2011

Once the moving party has made a preliminary showing that no genuine issue of material fact exists, the nonmovant must “produce specific facts, in suitable evidentiary form, to establish the *400 presence of a trialworthy … Alfred Calcagni & Sons, Inc., 44 F.3d 1, 4-5 (1st Cir.1994) ("When an interested witness has given clear answers to unambiguous questions, he cannot create a conflict and resist summary judgment with an affidavit that is clearly

Greenwald v. Tambrands, Inc.

366 F. Supp. 2d 195 · District Court, D. Maine · Mar 24, 2005

As the statute clearly states, Plaintiff must be attempting to exercise "any right” provided under the FMLA. … As evidenced *205 by Plaintiff’s multiple applications for FMLA leave, Tambrands was clearly on notice of Plaintiff’s family's medical situation.

Snowden v. Millinocket Regional Hospital

727 F. Supp. 701 · District Court, D. Maine · Jan 9, 1990

Furthermore, Plaintiff argues that the two other doctors who allegedly received assistance in establishing a family practice at the time Plaintiff moved to Millinocket, see Evans Affidavit, W 2, 3, were less qualified than … precedent on which litigants may have relied ... or by deciding an issue of first impression whose resolution was not clearly foreshadowed ...

Davidson v. Liberty Mutual Insurance

998 F. Supp. 1 · District Court, D. Maine · Feb 26, 1998

To establish a prima facie case under section 510, the plaintiff must show the following elements: (1) that she is entitled to protection under ERISA; (2) that she was qualified for the position; and (3) that she was discharged … Furthermore, Plaintiff's own affidavit clearly states that the retroactive date of the denial was June 9, 1995. See Davidson Aff. ¶ 26. The record is replete with carelessness of this sort on the part of both parties.

United States v. Lopez

106 F. Supp. 2d 92 · District Court, D. Maine · Jul 31, 2000

The Court cannot undertake to rewrite the statute to obviate them, the language of and factual and policy predicate for the 1986 amendment being clearly stated. … Here, based on previous findings of this Court, it has been established that the use of civilian monitors resulted in no actual prejudice to Defendants.

Duplessis v. Training & Development Corp.

835 F. Supp. 671 · District Court, D. Maine · Aug 24, 1993

Despite this, some of the conduct which occurred at PJC was clearly inappropriate. … While the conduct seems to have altered Plaintiffs working environment, the evidence clearly established that Plaintiff is not a reasonable Franco-American but, rather, one with an “eggshell psyche.” See Gammon v.

Baber v. Dunlap

376 F. Supp. 3d 125 · District Court, D. Maine · Dec 13, 2018

The "one person, one vote" principle is well established in the law. In Gray v. … The exhausted ballots were not included to establish the mathematical denominator for achieving a majority victory.

Hilton Sea, Inc. v. DMR Yachts, Inc.

750 F. Supp. 35 · District Court, D. Maine · Oct 31, 1990

The standard is satisfied “if an asserted claim supported by affidavit ‘is not of such insubstantial character that its invalidity so clearly appears as to foreclose a reasonable possibility of recovery....’” Barrett v. … Defendant Raymond may or may not have qualified his promise to buy the engines, offered a specific time frame for the purchase, explained difficulties in his dealings with the engines’ manufacturers, or outright defrauded

Maine Steel, Inc. v. United States

174 F. Supp. 702 · District Court, D. Maine · Jun 23, 1959

Corpus Christi Terminal Co., 5 Cir., 1942, 126 F.2d 898 . 4 The transfer of all of its assets by Products in exchange for all of the stock of plaintiff clearly comes within Section 112(b) (5) if the control requirement is … At the time of the transfer, however, plaintiff’s stock had no established market value. In such case, its value must be established by reference to the fair market value of the assets for which such stock was issued.

United States v. Pinto

671 F. Supp. 41 · District Court, D. Maine · May 29, 1987

Robinson’s statement is clearly voluntary under this test. Looking at the factors established by this circuit in Pettyjohn v. … Although reconciliation of the case law addressing the effect of a promise on a subsequent confession is not always easy, several principles of law for testing the voluntariness of confessions clearly emerge.

Newton v. LePage

849 F. Supp. 2d 82 · District Court, D. Maine · Mar 23, 2012

Taylor's intentions clearly differs from the MDOL's accompanying pamphlet. … Similarly, First Amendment Establishment Clause rules still apply.

Kenerson v. Stevenson

604 F. Supp. 792 · District Court, D. Maine · Mar 19, 1985

hospital does have a regular relationship with the Maine Department of Human Services by which it receives medical aid or reimbursement from that state agency out of federal funds provided to the agency which are available to qualified … Paragraphs 12-14 and 17 oft the Complaint show clearly that the claim arises from treatment and diagnosis of decedent that took place in New Hampshire: 12.

League of Women Voters v. Diamond

923 F. Supp. 266 · District Court, D. Maine · Apr 8, 1996

At this stage in the analysis, therefore, the Court concludes that while clearly not de minimis, Plaintiffs have not succeeded in establishing that the burden the Act imposes on their First and Fourteenth Amendment rights … Defendants identify six interests served by term limitations, namely (1) reducing unfair advantages enjoyed by incumbents at the polls; (2) promoting fairer and more competitive elections; (3) encouraging qualified new candidates