Case law

Boucher v. Williams

13 F. Supp. 2d 84 · District Court, D. Maine · May 5, 1998

Nor does ERISA establish any minimum participation, vesting, or funding requirements for welfare plans as it does for pension plans. See Shaw v. … COBRA requires plan administrators to provide continued health insurance coverage to covered employees and their qualified beneficiaries and to notify them of their right to elect such coverage upon the occurrence of a “qualifying

Packgen v. Berry Plastics Corp.

113 F. Supp. 3d 371 · District Court, D. Maine · Jun 23, 2015

Berry interposed a qualified response to Packgen's additional material fact paragraph 23 on the grounds that "instrumental” is vague. DRPSAMF ¶41. … The Court rephrased the statement to more clearly reflect that it represents Mr. Lapoint's opinion. .

United States v. DiMeo

753 F. Supp. 23 · District Court, D. Maine · Dec 3, 1990

His case does not qualify for use of the table. The weight of a substance containing a detectable amount of LSD is known. See id. § 2D 1.1, App.Note 11 at 2.52. … The statutory language clearly requires that the weight of the total mixture be known in order to determine sentence under the statute. It clearly speaks in terms of actual weight.

Baber v. Dunlap

349 F. Supp. 3d 68 · District Court, D. Maine · Nov 15, 2018

As the party seeking injunctive relief, Plaintiffs bear the burden of establishing that the factors weigh in their favor. … The *80 contention, however, is that the injury is established because they have demonstrated a constitutional violation. (Motion for Preliminary Injunction at 18.)

Midwest Disability Initiative v. Nelmatt, LLC

344 F. Supp. 3d 1047 · District Court, D. Maine · Sep 26, 2018

Given this "generous formulation," id. , Marchand easily qualifies as a "prevailing party." … Marchand was clearly a "prevailing party" for purposes of § 12205, and thus he is entitled to recover reasonable attorney's fees. II.

WROBEL v. STATE OF MAINE

District Court, D. Maine · Mar 26, 2021

that are “commit[ted] … to a coordinate political department,” “lack … judicially discoverable and manageable standards for resolving” them, and cannot be decided “without an initial policy determination of a kind clearly … Jordan, 415 U.S. 651, 673 (1974) (“The mere fact that a State participates in a program through which the Federal Government provides assistance for the operation by the State of a system of public aid is not sufficient to establish

Darling v. Western Thrift & Loan

600 F. Supp. 2d 189 · District Court, D. Maine · Feb 20, 2009

Darlings’ SMF ¶ 103; Western’s RSMF ¶ 103 (Qualified). 6 Proceeding under this confusion, and learning for the first time at closing that IndyMac was the lender, Darlings’ SMF ¶ 101; Western’s RSMF ¶ 101 (Qualified), the … Id. at 17 (citing Western’s SMF ¶¶ 67-69); but see Darlings’ *205 SMF ¶¶ 67-68 (Qualify).

Thompson v. City of Portland

620 F. Supp. 482 · District Court, D. Maine · Oct 22, 1985

His conduct clearly showed callous indifference to Plaintiff’s constitutionally protected rights. … In a previous ruling this Court held that Defendants had qualified immunity to suit under section 1983 to the extent that Plaintiff's claims are based on allegations of his arrest without probable cause.

Harding v. CIANBRO CORPORATION

436 F. Supp. 2d 153 · District Court, D. Maine · Jun 5, 2006

To establish a prima facie case under the ADA and Rehabilitation Act, Mr. … State Hosp., 232 F.3d 634, 636 (8th Cir.2000) (“While working is clearly a major life activity, the matter of driving is not so obvious.

Arrm v. Piper

367 F. Supp. 3d 944 · District Court, D. Maine · Feb 15, 2019

Title II of the ADA prohibits public entities from discriminating against a "qualified individual with a disability ... by reason of such disability." 42 U.S.C. § 12132 . … To establish a constitutionally protected property interest in a benefit, "a person clearly must have more than an abstract need or desire" and "more than a unilateral expectation of it." Id.

Isaacson v. Clauson

95 F. Supp. 482 · District Court, D. Maine · Jan 31, 1951

Isaacson was appointed executor of the Will, and also trustee of the trust established by the Will, and is now the duly qualified and acting executor of the Will. … In the opinion of this Court, the facts in this case clearly show that the possibility of an invasion of the principal of the testamentary trust is so remote as to be negligible.

LaBrecque Ex Rel. T.N. v. School Administrative District No. 57

463 F. Supp. 2d 88 · District Court, D. Maine · Nov 30, 2006

She takes the position that she is entitled to a stay of this action unless and until the “Police and County Defendants ... grant TN immunity.” Id. at 7-8. … No such danger is readily apparent and she has not carried her burden of establishing its existence.

Davis v. Emery Worldwide Corp.

267 F. Supp. 2d 109 · District Court, D. Maine · Jun 23, 2003

Here, where there was no discharge and the defendant clearly expected the plaintiff to return to work after her maternity leave, the Green formulation of the test is particularly appropriate. … The plaintiff responded as follows: *130 Qualify. Ms. Easler’s testimony does not support Defendant’s assertions that Emery provided a copy of its Anti-Harassment Posting to all employees or that Ms.

Brown v. Clark Equipment Co.

96 F.R.D. 166 · District Court, D. Maine · Nov 24, 1982

MacDonald, Me., 412 A.2d 71 (1980) [abolishing spousal immunity]. Also citing Myrick v. James, Me., 444 A.2d 987 (1982); Black v. Solmitz, Me., 409 A.2d 634, 640 (1979); Higgins v. Robbins, Me., 265 A.2d 90, 93 (1970). … The court approved the doctrine that a food manufacturer “owes a duty to every consumer,” but refused to modify the well-established privity requirement in warranty actions. Id. at 275-76 , 128 A. 186 .

In re New Motor Vehicles Canadian Export Antitrust Litigation

229 F.R.D. 35 · District Court, D. Maine · Jul 12, 2005

(Denial of summary judgment is an unappealable interlocutory order, except in special cases such as qualified immunity defenses). But neither is good practice. … That might have been a useful proposal at a conference of counsel when we were establishing the schedule for class certification; now it would simply be disruptive.

York Hospital v. Maine Health Care Finance Commission

719 F. Supp. 1111 · District Court, D. Maine · Jul 13, 1989

This, clearly, provides an incentive to manage the hospital’s operations more efficiently. … Character of the governmental action The character of the governmental action is a factor that clearly weighs in favor of Defendants.

Johnson v. UNUM Life Ins. Co. of America

329 F. Supp. 2d 161 · District Court, D. Maine · Aug 10, 2004

This language and its placement within the certificate section of the Policy is clearly sufficient to bring this Policy within the heartland of plans that qualify for deferential review under the arbitrary and capricious … However, the transferable skills analysis conducted by Unum found that Johnson’s training and work experience made her qualified for various sedentary occupations that involve minimal physical activity.

McLaughlin v. Denharco, Inc.

129 F. Supp. 2d 32 · District Court, D. Maine · Jan 23, 2001

established sufficient prejudice to support outright exclusion. … Denharco’s product warranty qualifies as conspicuous under Maine law. The warranty is in larger type and all capital letters.

Doe v. Solvay Pharmaceuticals, Inc.

350 F. Supp. 2d 257 · District Court, D. Maine · Dec 21, 2004

Doe, who has clearly thought about these matters, contends these problems reach back to at least 1997, when Solvay manufactured the Luvox she ingested. Id. … Doe has entered qualified responses to each of these Statements of Material Fact; she has not denied any of them.

New England Surfaces v. E.I. Du Pont De Nemours & Co.

517 F. Supp. 2d 466 · District Court, D. Maine · Sep 14, 2007

NES choose, trained and qualified the New England fabricators, who were NES customers that construct and install DuPont surface products. … This statement does not clearly express DuPont’s intent to modify the termination clause, but rather indicates the challenges inherent in terminating a longstanding business relationship. 32 .