Case law

Mccann On Behalf Of J.M. v. York School Dept.

365 F. Supp. 3d 132 · District Court, D. Maine · Feb 11, 2019

Puerto Rico , 655 F.3d 61 , 74 (1st Cir. 2011), and the funding recipient's "response (or lack thereof) is *142 clearly unreasonable in light of the known circumstances." Porto , 488 F.3d at 73 . … Fourteenth Amendment Claim "Section 1983 establishes a civil cause of action for the deprivation of constitutional rights." García-González v.

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

In Re Deena Woolen Mills, Inc.

114 F. Supp. 260 · District Court, D. Maine · Aug 4, 1953

In this -case, the facts clearly establish that Mr. Schwarz, the Receiver, and Mr. Levenson, the assignee, are associated in the practice of law, with Mr. Levenson being in control. … Only a prima facie *273 case need be established for the claim to be allowed for voting purposes. The claims in dispute clearly comply with section 57 of the Bankruptcy Act, 11 U.S. C.A. § 93.

Nelson v. Formed Fiber Technologies, Inc.

856 F. Supp. 2d 235 · District Court, D. Maine · Apr 13, 2012

Formed Fiber argues that the WARN Act clearly states that a layoff must last more than six months to qualify as an employment loss and because Nelson resigned his employment after experiencing a layoff lasting less than six … Specialty Paperboard, Inc., 999 F.2d 51 , 52 (2d Cir.1993) (“While a termination immediately qualifies as an employment loss, 29 U.S.C. § 2101 (a)(6)(A), a layoff must last more than six months to qualify. 29 U.S.C. § 2101

Kemper Life Insurance v. Bezanson (In Re Medomak Canning Co.)

123 B.R. 671 · District Court, D. Maine · Jan 10, 1991

Kemper has failed to *673 make the necessary showing that it is likely to be able to establish standing. … Maine law clearly does not provide for reformation on such grounds. 2 Lietz v. Berry, 543 A.2d 367 (Me.1988); Young v. McGown, 62 Me. 56 (1873); see also, Sinclair v.

FLOOD v. BALL

District Court, D. Maine · Mar 25, 2025

cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint (1) is frivolous, malicious, or fails to state a claim …; or (2) seeks monetary relief from a defendant who is immune … When applying the Graham factors, courts have recognized that it is usually objectively unreasonable to use significant force on a compliant person or a person who has clearly ceased actively resisting arrest

Gray Yarmouth Road Solar LLC, et al. v. Maine Public Utilities Commission, et al.

District Court, D. Maine · Feb 17, 2026

prevail, they could seek reimbursement from utility companies directly, bypassing any sovereign immunity issues. … Voluntary Participation Even if Plaintiffs could establish that the Project Charge falls within either established exception for monetary assessments—which they cannot—their claim would

Monga v. Nat'l Endowment for the Arts

323 F. Supp. 3d 75 · District Court, D. Maine · Apr 21, 2018

Second, they point out that the legislation establishing the NEA has nothing to do with immigration or naturalization. Id. at 5. … Given this quintessential harm that cannot be measured nor redressed by damages, this factor clearly weighs in favor of Mr. Monga.

WHITTINGTON v. CITY OF BANGOR HALL

District Court, D. Maine · Dec 18, 2019

For purposes of section 1983, municipalities qualify as persons against whom a claim may be brought. Los Angeles Cty., Cal. v. Humphries, 562 U.S. 29, 35 (2010). … Where diversity jurisdiction is established, a plaintiff may assert state law claims in federal district court. Plaintiff’s allegations arguably state a claim of negligence.

Dykstra v. First Student, Inc.

324 F. Supp. 2d 54 · District Court, D. Maine · Apr 30, 2004

The evidence presented by Dykstra does not support a conclusion that she was better qualified than Hatch or even equally qualified as he; only that she was at least qualified to perform the duties of the dispatcher position … Retaliation Unlike her hostile work environment claim, Dykstra’s retaliation claim is clearly pled in her complaint.

FRIEDMAN v. CENTRAL MAINE POWER COMPANY

District Court, D. Maine · Mar 28, 2024

Still, a witness qualified as expert on certain topics “does not mean that he or she is qualified to express expert opinions as to other fields.” Levin, 459 F.3d at 78 (quoting Nimely v. … On that last point, Carpenter likens leukemia to Friedman’s lymphoma because both are cancers that impact the immune system, which CMP does not dispute. See ECF No. 99-2 at 112:20-23.

ADAMS v. MAGNUSSON

District Court, D. Maine · Jan 19, 2022

to summary judgment on Plaintiff’s state law claims. 13 Defendants also argue they are entitled to qualified immunity. … established in 2019. 14 Although Plaintiff frames his state law claim as one involving negligence, rather than in terms required to overcome immunity, given that summary judgment is not warranted on the deliberate

Internal Revenue Service v. Murphy

564 B.R. 96 · District Court, D. Maine · Sep 7, 2016

As a result, liability (not damages) was established. Id. … There is no ambiguity that would require sovereign immunity principles to tip the scales the other way.

United States v. Friel

448 F. Supp. 2d 222 · District Court, D. Maine · Sep 5, 2006

The rulings he has made on nondispositive matters are neither clearly erroneous nor contrary to law. Fed.R.Crim.P. 59(a). … “[A]n informant’s tip can establish probable cause even though the affidavit does not contain information about the informant’s past reliability.” United States v. Greenburg, 410 F.3d 63, 67 (1st Cir.2005).

INMAN-ARBO v. MAINE

District Court, D. Maine · Sep 11, 2023

To establish constitutional liability, a plaintiff must satisfy an objective standard by showing he or she was “incarcerated under conditions posing a substantial risk of serious harm,” and a plaintiff must satisfy … However, given that Plaintiff does not allege medical care or a diet that is “so clearly inadequate” even to a lay person, Torraco v.

Frank v. L.L. Bean, Inc.

352 F. Supp. 2d 8 · District Court, D. Maine · Jan 14, 2005

Given the nature of Plaintiffs allegations, the Comean factors clearly cut against her argument that workers’ compensation does not apply. Plaintiffs arguments to the contrary are unpersuasive. … March 31, 2004) (“[Rjespondeat superior merely connotes a doctrine of imputation once an underlying theory of liability has been established. It is not a separate cause of action”).

SULLIVAN v. CHESTER WATER AUTHORITY

District Court, D. Maine · Jul 22, 2022

Both parties are immune from suit in this Court under the doctrine of sovereign immunity exemplified by the Eleventh Amendment of the United States Constitution. … To sustain an employment discrimination claim under the ADA, Plaintiff must establish that (1) he is disabled within the meaning of the ADA; (2) he was qualified to perform the essential functions of the job, either

Houk v. Furman

613 F. Supp. 1022 · District Court, D. Maine · Jul 18, 1985

It carries the same burden and is subject to the same defenses in the federal court as in the state court____ It accrues and comes to an end when local law so declares---Where local law qualifies or abridges it, the federal … Moreover, the legislative encroachment on individual rights at issue in Arneson and Jones , limiting the amount of recovery in malpractice actions notwithstanding the actual damages suffered, is clearly more onerous than

Tobin v. University of Maine System

59 F. Supp. 2d 87 · District Court, D. Maine · Jul 1, 1999

Rather, the reduced tuition rates are a benefit enjoyed by in-state residents who have been deemed qualified for admission and have been so admitted. … See Perry, 408 U.S. at 595 , 92 S.Ct. 2694 . *95 additional Count IV arguments concerning sovereign immunity. 3 .

Joyce v. Postmaster General, United States Postal Service

846 F. Supp. 2d 268 · District Court, D. Maine · Feb 28, 2012

The Prima Facie Showing A plaintiff bringing a discriminatory failure-to-hire claim establishes a prima facie case by demonstrating: (1) that she is a member of a protected class; (2) that she was qualified for the position … To establish a claim under the ADA, an employee must prove, by a preponderance of the evidence, that: (1) she was disabled within the meaning of the ADA; (2) she was qualified to perform the essential functions of the job