Case law

Local 1574, International Ass'n of MacHinists & Aerospace Workers v. Gulf & Western Manufacturing Co.

417 F. Supp. 191 · District Court, D. Maine · Jun 25, 1976

The Court concluded on these facts that a limitation-of-liability provision contained in the plan was clearly incorporated by the labor contract. … The committee received and approved applications for pension benefits and determined the amount of benefits payable to each qualified applicant.

Wilcox v. Stratton Lumber, Inc.

921 F. Supp. 837 · District Court, D. Maine · Mar 27, 1996

See Hansel, 778 F.Supp. at 1136 (plaintiff bears burden to establish front pay). … Unsuccessful Claims The jury’s verdict establishes that Plaintiff prevailed on her Title VII and MHRA claims.

F.E.R.C. v. Silkman

359 F. Supp. 3d 66 · District Court, D. Maine · Jan 4, 2019

Congress provided the Commission with the authority to establish rules and procedures: The Commission is authorized to establish such procedural and administrative rules as are necessary to the exercise of its functions. … The Petitioner's paragraph 61 is clearly framed as an allegation, not a fact. The Court overrules the denial.

Bresnahan v. Bowen

263 F. Supp. 2d 130 · District Court, D. Maine · May 20, 2003

Clearly juxtaposed with this liability limiting provision is paragraph (4) of this section which imposes a duty on each skier "to ski within the limits of the skier's own ability, to maintain control of the rate of speed … Therefore, the Court will grant Defendant's Motion for Summary Judgment on Plaintiff's punitive damages claim. [3] This provision augments the immunity of ski area operators from suit already provided for in section 15217

Lewis v. The Elizabeth & Jane

15 F. Cas. 478 · District Court, D. Maine · Sep 15, 1823

These are familiar and well-established principles of the marine law. It remains to be seen how they affect the claim of wages. … It does not clearly appear whether in this case the crew aided in saving the goods, though it seems probable that they did.

HARRIS v. DRAKE

District Court, D. Maine · Mar 16, 2021

immunity. … immunity argument or Defendants’ arguments related to damages and the Prison Litigation Reform Act, 42 U.S.C. §1997e(e)

Fitzpatrick v. Town of Falmouth

321 F. Supp. 2d 119 · District Court, D. Maine · Apr 30, 2004

Mot. to Dismiss at 2, but as Judge Singal of this court recently noted, “Swierkiewicz clearly indicates that it is not fatal to Plaintiffs case that some of his allegations at this stage may be legal conclusions rather than … Congress constructed the law on the premise that plaintiffs would be “required to utilize the elaborate administrative scheme established by the [IDEA] before resorting to the courts to challenge the actions of the local

Simions v. United States

858 F. Supp. 2d 124 · District Court, D. Maine · Apr 2, 2012

It indicated, in discussing one of the convictions, “under existing First Circuit precedent that’s a qualifying conviction. I understand your position ... that it’s up for review. … Simions signed the form clearly indicating that he did not want to appeal and waived the appeal. (Id.) Simions does not dispute that he received these letters.

Goldberg v. Unum Life Insurance Co. of America

527 F. Supp. 2d 164 · District Court, D. Maine · Dec 18, 2007

ERISA defines an “employee welfare benefit plan” as any “plan, fund, or program ... established or maintained by an employer ... for the purpose of providing ... through the purchase of insurance or otherwise ... benefits … Clearly, the state law claims in Plaintiffs Amended Complaint are preempted, b. Tortious Interference Claim Similarly, Plaintiffs tortious interference claim “relates to” the original disability plan.

In Re Di Pierro

159 F. Supp. 497 · District Court, D. Maine · Jan 31, 1958

Without any such indication, this Court believes that it would be clearly beyond its authority to rule in their favor. … Neither fraud nor estoppel, however, was alleged or established in this matter.

Andrew Corp. v. Gabriel Electronics, Inc.

785 F. Supp. 1041 · District Court, D. Maine · Mar 2, 1992

Demand, therefore, is established. 2. … Kone were both well-qualified, the Court found Mr. Hoffman to be the more impressive expert. His experience, which was slightly more extensive than that of Ms.

United Textile Workers of America, AFL Local 1802 v. Goodall-Sanford, Inc.

131 F. Supp. 767 · District Court, D. Maine · Jun 1, 1955

Purpose of Agreement “It is the intent and purpose of the parties hereto to promote and improve the industrial and economic relations between the Company, its employees, and the Union, and to establish and maintain a basic … Said employees were further advised that persons who had otherwise qualified for holiday pay on January 1, 1955 would be paid for such holiday pay, and that arrangements had been made for the continuance of group insurance

Darling's v. Nissan North America, Inc.

117 F. Supp. 2d 54 · District Court, D. Maine · Sep 18, 2000

The franchise was established by the Nissan Dealer Sales and Service Agreement, dated effective May 31st, 1990. Attached to the Sales and Service Agreement is a one-page document, the Dealership Facilities Addendum. … Nonetheless, the record clearly indicates that Plaintiff has never made a written demand upon Defendant for mediation. (See e.g., John B. Darling Aff., PLMem. in Opp. to D.Mot. to Dismiss at 4-7.)

Sanford v. National Ass'n for the Self-Employed, Inc.

264 F.R.D. 11 · District Court, D. Maine · Feb 9, 2010

“Class-wide issues predominate if (1) resolution of some of the legal or factual questions that qualify each class member’s case as a genuine controversy can be achieved through generalized proof, and (2) if these particular … I bypass determination of whether they can support their claim of uniform misrepresentations, because they clearly cannot prove class reliance by common proof.

Frank Martin Sons, Inc. v. John Deere Construction & Forestry Co.

542 F. Supp. 2d 101 · District Court, D. Maine · Mar 21, 2008

The clause of section 1365 relied on by FMS (‘on terms then equally available’) clearly modifies the offer of a franchise renewal only.” … FMS's point in its initial motion was that if the four-factors were established, the Court was obligated to “exercise its discretion in favor of granting injunctive relief.” PL’s Mot. at 11.

Cannon v. Unum Life Insurance Co. of America

219 F.R.D. 211 · District Court, D. Maine · Jan 23, 2004

Putnam clearly pertain to issues that are material to the discontinuance of Cannon’s benefits, including the nature of Cannon’s course of treatment (the mental illness exception appears to turn largely on whether psychoanalysis … See 29 C.F.R. § 2560.503-1 (b)(5) (imposing the “[obligation to establish and maintain reasonable claims procedures,” including “administrative processes and safeguards designed to ensure and to verify that ... plan provisions

MCQUEEN v. SINGH

District Court, D. Maine · Nov 23, 2022

To state a claim under Title II of the ADA, a plaintiff must allege: (1) that she or he is a qualified individual with a disability; (2) that she or he was excluded from participation in or denied the benefits of some … For example, Plaintiff does not describe the specific accommodations that were necessary, explain how those accommodations were reasonable or available under the circumstances, allege that he clearly requested the necessary

Condon v. Andino, Inc.

961 F. Supp. 323 · District Court, D. Maine · Mar 25, 1997

Although Defendants are clearly harmed by the issuance of a preliminary injunction, such harm is not as significant. … Lopez does not reflect a significant change in Commerce Clause jurisprudence, and it does not support a finding that the Houlton waste control regulations are immune to the restraints of the Commerce Clause. 4 .

United States v. Oakes

224 F. Supp. 2d 296 · District Court, D. Maine · Oct 21, 2002

Ross, 468 U.S. 1, 16 , 104 S.Ct. 2901, 2910 , 82 L.Ed.2d 1 (1984)), it found that the defendant’s claim in that case did not qualify as such. Id. … Therefore, the unavailability argument is of no help to Defendant in establishing cause for his default.

Andrew Corp. v. Gabriel Electronics, Inc.

782 F. Supp. 149 · District Court, D. Maine · Jan 6, 1992

Moreover, limitations not clearly included in a count will not ordinarily be read into it. Id. at 618 . … Tillman, Gabriel’s well-qualified and straightforward expert, testified convincingly that in his opinion there was no ambiguity in reading count 2 on Allen Fig. 1., Tr. 130, and he was readily able to so read it.