Case law

Webber v. International Paper Co.

239 F. Supp. 2d 88 · District Court, D. Maine · Feb 3, 2003

the degreed engineers were qualified to perform.” … Id.; see also § 4572(2) (relating to discrimination against a qualified individual with a disability).

McDermott v. Lehman

594 F. Supp. 1315 · District Court, D. Maine · Sep 24, 1984

Conversely, a basis for relief that falls clearly within the scope of Rule 60(b) is not a proper ground for a motion under Rule 59(e). … The two depositions clearly show that the extent and nature of Defendant’s alleged discriminatory practice is in dispute.

Britton v. Britton

223 F. Supp. 2d 276 · District Court, D. Maine · Sep 19, 2002

The success of Plaintiffs’ Title III claim, as well as their state law claims, turns on the ability to establish that Defendant intercepted communications on the Double D line. … Defendant maintains that Lizza is implicated in the instant case because Double D "had an extension within what was clearly the residential area of the Brittons' home.” (See Def.'s Mot. to Dismiss at 6 (Docket # 5).)

In re Light Cigarettes Marketing Sales Practices Litigation

271 F.R.D. 402 · District Court, D. Maine · Nov 24, 2010

Here, the Plaintiffs’ attorneys are “qualified, experienced and able to vigorously conduct the proposed litigation.” Id. … Individual issues surrounding who qualifies as a class member and the damages each member is owed further undermine the superiority of class certification.

United States v. Farlow

824 F. Supp. 2d 189 · District Court, D. Maine · Oct 21, 2011

If the defendant satisfies the requirements of § 3143(b), the defendant must then clearly establish that there are “exceptional reasons” his continued detention would not be appropriate. 18 U.S.C. § 3145 (c). … Far-low’s case, the Court concludes that he has *197 not clearly demonstrated exceptional circumstances. Mr.

Bard v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER

736 F. Supp. 2d 270 · District Court, D. Maine · Aug 31, 2010

Assuming that the denial here is for insufficient duration based on insufficient severity to prevent substantial gainful activity (SGA), the Ruling requires the adjudicator to “state clearly in the denial rationale” that … The Administrative Law Judge nevertheless posited: “The claimant’s only established impairment that meets the applicable continuity and durational criteria is borderline intellectual functioning.

Zelman v. United States

893 F. Supp. 78 · District Court, D. Maine · Apr 7, 1995

. § 1346 (a)(2), operates both as a grant of jurisdiction and a waiver of sovereign immunity in a civil action based upon an express or implied contract with the United States. Angle v. … They characterize this as vesting in the government only the narrow discretion to determine whether there is satisfactory evidence of a loss and otherwise establishing a contractual obligation to provide relief.

In Re All Maine Asbestos Litigation

581 F. Supp. 963 · District Court, D. Maine · Feb 23, 1984

The doctrine of sovereign immunity prevents this Court from exercising jurisdiction over a claim against the United States unless the United States has consented to suit on the claim. Honda v. … Defendants urge that waiver of the United States immunity from suit on this claim can be found in the FTCA.

New Life Brokerage Services, Inc. v. Cal-Surance Associates, Inc.

223 F. Supp. 2d 264 · District Court, D. Maine · Sep 16, 2002

The remaining question raised by CSA’s motion is whether New Life could have qualified for any of the seven policies. … CSA has established that the policies would not have covered the Securities Division action.

The Palo Alto

18 F. Cas. 1062 · District Court, D. Maine · Oct 15, 1847

Grant, 4 Bing. 653, that this decision was not entirely satisfactory to the court of common pleas, or at least, it receives but a qualified approval. … To the general rule that has been stated there is one well-established exception.

Tyler v. United States Department of Labor

752 F. Supp. 32 · District Court, D. Maine · Nov 6, 1990

The Trade Act of 1974 established a program of trade readjustment allowances (TRA), weekly support payments designed to assist workers who lost their jobs in industries affected by foreign imports. … While Plaintiff was clearly entitled to full information regarding the details of the TRA program, 19 U.S.C. § 2275 , she has not shown that the notice determining eligibility is the required, or even an appropriate, mechanism

Bob's Discount Furniture, Inc. v. Bob's Discount Off-Price Superstores, Inc.

353 F. Supp. 2d 118 · District Court, D. Maine · Jan 27, 2005

Defendant clearly anticipated a “turf-war” with Plaintiffs and filed his Intention to do Business Under an Assumed or Fictitious Name in order to gain a business advantage in the State of Maine. … The Court finds that the Defendant’s *123 mark qualifies as "similar” under the Star Financial standard. 9 .

S.D. Warren Co. v. Eastern Electric Corp.

201 F.R.D. 280 · District Court, D. Maine · Jul 17, 2001

Pursuant to the rule, it “is not necessary that a document be prepared by an attorney in order for the immunity to apply.” Scott Paper Co. v. Ceilcote Co., 103 F.R.D. 591, 594 (D.Me.1984). … See Airheart, 128 F.R.D. at 671 (“[0]ne of the purposes of an early investigation is to establish contact with a potential claimant with a view toward keeping the case ‘under control’ and therefore avoid litigation.”).

Maine v. Kerramerican, Inc.

480 F. Supp. 2d 348 · District Court, D. Maine · Mar 6, 2007

The factual statements set forth above to qualify or deny paragraphs numbered 3-4, 7, 9-12, 20, 24-27, 30-34, 40-41, 43-47, 50, and 52, supported by the record citations also set forth above. 2. … Hogan very clearly testified that he was a Denison employee, not a Black Hawk advisor, before, during and after his time as project geologist at the Site. Id. at 5-6 . 9 .

Knowlton v. Bankers Life & Casualty Co.

882 F. Supp. 2d 129 · District Court, D. Maine · Jan 6, 2012

Knowlton is currently qualified to perform and his present earning capacity in today’s Bangor, ME, labor market.” (Id.) In his 2011 Report, however, Mr. … Discussion Defendant establishes that Mr. Copp’s calculation of damages is dependent on Mr.

Freund ex rel. Estate of Walsh v. Fleetwood Enterprises, Inc.

756 F. Supp. 604 · District Court, D. Maine · Feb 5, 1991

Taken without more, and in light of the allegations of negligence set forth in the Complaint, these factual assertions clearly establish that there is no basis for any claim of negligence in performing repair work on the … It is now established by the record made on this motion that, in fact, that did not occur.

Suydam v. United States Bureau of Alcohol, Tobacco, Firearms & Explosives

847 F. Supp. 2d 146 · District Court, D. Maine · Feb 22, 2012

The ATF further contends that the evidence clearly shows that Mr. … The ATF qualifies its response to this statement, claiming that Mr.

South Port Marine, LLC v. Gulf Oil Ltd. Partnership

56 F. Supp. 2d 104 · District Court, D. Maine · Jul 26, 1999

The court clearly has jurisdiction under the Oil Pollution Act. See 33 U.S.C. § 2717 (b). … Amendment, the Judiciary Act of 1789, or the Admiralty Extension Act, none of which qualifies as a statute that the agency administers.

Anne Yered, MD v. Eastern Maine Healthcare Systems and Northern Light Eastern Maine Medical Center

District Court, D. Maine · Feb 23, 2026

She also requested a qualified protective order for in camera review or de-identified production of the records. Id. at 4–5. … To the extent Plaintiff argues the records help to establish her claim that Dr.

Parker v. Wakelin

882 F. Supp. 1131 · District Court, D. Maine · Apr 3, 1995

teachers than on the remainder of the teacher-members of MSRS. 12 The classification, according to Defendants, was based upon the view that, since these nonvested MSRS members have not yet met the minimum requirements to qualify … Until the 1993 amendments, this rate had been established as 6.5%. 2 .