Case law

Faas v. Washington County

260 F. Supp. 2d 198 · District Court, D. Maine · May 2, 2003

Plaintiff here has not established that there was a need to train Sinford that he should not sexually assault inmates. … Defendants have not raised the issue of immunity for the state law claims in their Motion for Summary Judgment and, therefore, the Court does not address the issue.

Bohrmann v. Maine Yankee Atomic Power Co.

926 F. Supp. 211 · District Court, D. Maine · May 1, 1996

Any conceivable state tort action which might remain available to a plaintiff following the determination that his claim could not qualify as a public liability action, would not be based on ‘any legal liability’ of ‘any … The federal safety regulations do not immunize a defendant from liability for making fraudulent representations to persons either before or after subjecting them to radiation. 11 D. Sufficiency of Complaint 1.

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.

Currier v. United Technologies Corp.

326 F. Supp. 2d 145 · District Court, D. Maine · Apr 28, 2004

April 20, 1998), the court held that evidence that the plaintiff was as qualified as his co-workers was not sufficient to establish that the employer's decision to rank the plaintiff lowest was a pretext for age discrimination … Moreover, section 1602-B(5) clearly provides that prejudgment interest begins to accrue on the date that the defendant receives notice of the claim. Ac *160 cordingly, I find that September 15 is the proper accrual date.

Lovell v. One Bancorp

690 F. Supp. 1090 · District Court, D. Maine · Jul 14, 1988

The liquidation account is created for the benefit of depositors and establishes a priority for liquidation. … If nothing else, the pleadings show clearly that this “property interest” question is a highly disputed and unsettled question of state law.

Johnson v. VCG Holding Corp.

802 F. Supp. 2d 227 · District Court, D. Maine · Jul 25, 2011

That is, if the dancers are viewed as either employees or customers, the money is viewed as a “tip” and the Plaintiffs would qualify as tipped employees. Id. … in some instances be sufficient to demonstrate the existence of interested others, see Albanil, 2008 WL 4937565 , at *6 (explaining that “[t]he existence of fifteen named plaintiffs and at least three unnamed plaintiffs clearly

Associated Fisheries of Maine, Inc. v. Evans

350 F. Supp. 2d 247 · District Court, D. Maine · Dec 21, 2004

In this act, Congress created eight regional fishery management councils and gave them primary responsibility for establishing fishery-management plans (“FMPs”) to regulate fishing in their regions. … First, the Secretary clearly exceeded the scope of his limited rulemaking authority under the Magnuson-Stevens Act.

Vescom Corp. v. American Heartland Health Administrators, Inc.

251 F. Supp. 2d 950 · District Court, D. Maine · Feb 22, 2003

Given the way that the Vescom Plan was set up, American Heartland essentially stated that Vescom had not paid its reinsurance premium. (7) Immunizing third-party plan administrators from defamation claims brought by employers … I have reviewed that portion of the record containing the representation and conclude that Vescom’s counsel clearly did not make any such concession.

Emery v. Metropolitan Life Insurance

489 F. Supp. 2d 121 · District Court, D. Maine · Jun 13, 2007

On March 23, 2004, MetLife informed Emery that she did not qualify for benefits beyond March 5, 2004. R. 172-73. … However, it clearly is part of the Plan or a Summary Plan Description.

United States v. Lawlor

324 F. Supp. 2d 81 · District Court, D. Maine · May 3, 2004

The Government has not established the requisite connection between Segura and the. case at hand. … Collectively they have surrounded the home with great protection but protection which is qualified by the needs of ordered liberty in a civilized society....

Triple-A Baseball Club Associates v. Northeastern Baseball, Inc.

655 F. Supp. 513 · District Court, D. Maine · Mar 11, 1987

But these statements do not establish reasonable grounds for McGee to believe that Johnson could not be swayed by McGee’s presentation of his full case, nor do they establish that an appeal from an adverse decision by Johnson … Clearly, NBI assigned no greater interest in the Triple-A franchise that it was entitled to assign.

Maine People's Alliance v. Holtrachem Manufacturing Co.

211 F. Supp. 2d 237 · District Court, D. Maine · Jul 29, 2002

The testimony at trial clearly established that the ongoing RCRA corrective action does not contemplate any remediation for the lower river. … Even at very low doses, mercury attacks the nervous system, the kidneys, the immune system, and the reproductive system. Tr. 1A at 24, 33.

Nulankeyutmonen Nkihtaqmikon v. Bureau of Indian Affairs

493 F. Supp. 2d 91 · District Court, D. Maine · Jun 22, 2007

To qualify for the deliberative process privilege, “a document must be (1) predecisional, that is, ‘antecedent to the adoption of agency policy,’ and (2) deliberative, that is, actually ‘related to the process by which policies … “A predecisional document will qualify as ‘deliberative’ provided it (i) formed an essential link in a specified consultative process, (ii) reflects the personal opinions of the writer rather than the policy of the agency

FAWCETT v. United States

District Court, D. Maine · Aug 19, 2025

“As the party asserting federal jurisdiction, [the] [P]laintiff[ ] bear[s] the burden of establishing its existence.” Reyes-Colón v. United States, 974 F.3d 56, 60 (1st Cir. 2020). … The previously discussed discretionary decision about whether to make the Commercial Street entrance accessible in the first place was clearly susceptible to policy considerations. But here, Ms.

Saco Defense Systems Division v. Weinberger

629 F. Supp. 385 · District Court, D. Maine · Feb 20, 1986

Roddy was, beyond any rational question, the appropriate person to make the spare parts estimate and that he was more than adequately qualified to do so. … In a procurement of this sort, it is clearly a reasonably based consideration, bearing on technical suitability and, indirectly, on cost.

Merrill Trust Company v. United States

167 F. Supp. 474 · District Court, D. Maine · Oct 17, 1958

expend the principal of the trust for the benefit of the testatrix’ surviving sister, the value of the charitable remainder can be shown to have been definitely ascertainable as of the date of the testatrix’ death, so as to qualify … They do not stand for the proposition, as contended by plaintiff, that the trustee under a will such as the instant one, in which an absolute discretion is clearly given to the beneficiary, must determine that the beneficiary

MARR EX REL. MARR v. Schofield

307 F. Supp. 2d 130 · District Court, D. Maine · Mar 2, 2004

Justice Delahanty found that: The defendant was clearly aware of her responsibilities and limitations and consciously disregarded a risk that her conduct would cause harm to Logan, including serious injury or even death. … State Action Counts I, II, V, and IX arise under 42 U.S.C.A. § 1983 , which permits plaintiffs to seek redress for “deprivation of any rights, privileges, or immunities secured by the Constitution and laws.” 42 U.S.C.A. §

Temple v. Inhabitants of the City of Belfast

30 F. Supp. 2d 60 · District Court, D. Maine · Dec 4, 1998

The Court may grant Defendants’ Motion to Dismiss “only if it clearly appears, according to the facts alleged, that the plaintiff cannot recover on any viable theory.” Correa-Martinez v. … Such an argument posits that when the Council deviated from allegedly established procedures, it deprived Plaintiff of a property interest in those procedures.

Catholic Charities of Maine, Inc. v. City of Portland

304 F. Supp. 2d 77 · District Court, D. Maine · Feb 6, 2004

Catholic Charities has not established an equal protection violation and the City is entitled to summary judgment on this claim. B. … By its terms, this provision is an alternative means of satisfying the "church plan” definition, and does not restrict the definition, whose language quoted in text, albeit circuitous, clearly covers Catholic Charities’ plans

The Alonzo

1 F. Cas. 552 · District Court, D. Maine · Jan 15, 1869

The burden of proof is on the libellant to establish the quantity, and upon a careful examination of all the evidence, I am satisfied that at least 1,034 tons of 2,240 lbs. were delivered to the respondent. … They demanded of him a written contract entirely different in its legal effect from that which the original contract justified; they were in my view clearly in the wrong, endeavoring to bind the master to carry 1,042 tons