Case law

Porter v. Pfizer Hospital Products Group, Inc.

783 F. Supp. 1466 · District Court, D. Maine · Jan 22, 1992

Delays in billing do not provide immunity from breach of warranty actions. 12 Whether the cup was merchantable presents a closer question. … Ultimately, the Court need not determine whether the evidence Porter was able to present adequately established that the acetabular cup was defective.

Verizon New England Inc. v. Maine Public Utilities Commission

441 F. Supp. 2d 147 · District Court, D. Maine · Jul 18, 2006

In addition, the PUC reminded Verizon that it remained obligated to comply with the September 3, 2004 order and encouraged the parties to bring any disagreements concerning which UNEs qualify as § 271 UNEs to the commission … The PUC’s Order requiring Verizon to provide § 271 elements at TELRIC rates on a temporary basis clearly falls within the term “applicable law” as that term is defined in the agreement.

CLARK v. ARBOUR

District Court, D. Maine · Jun 5, 2025

claim …; or (2) seeks monetary relief from a defendant who is immune from such relief.” 28 U.S.C. § 1915A(b). … issue a temporary restraining order without written or oral notice to the adverse party or its attorney only if: (A) Specific facts in an affidavit or a verified complaint clearly

AUSTIN v. MAINELY CONSTRUCTION RENTALS LLC

District Court, D. Maine · Feb 23, 2022

To establish a prima facie case of discrimination under the ADA and MHRA, the Plaintiff bears the initial burden of establishing that he (1) was disabled within the meaning of the Acts, (2) was a “qualified individual, … Here, the Defendants attack the Plaintiff’s claims on the ground that he is not a qualified individual and thus has failed to establish a prima facie case of discrimination.

Fitzpatrick v. TELEFLEX, INC.

763 F. Supp. 2d 224 · District Court, D. Maine · Feb 7, 2011

It is one thing to read a reasonable notice term into the dealership agreement based on established common law. … Clearly Kersteen qualifies as an accounting expert even though his license to practice has/had expired.

FEDERAL ENERGY REGULATORY COMMISSION v. SILKMAN

District Court, D. Maine · Dec 2, 2019

Welch is immune from cross-examination by FERC to demonstrate to the jury the limitations of his training, knowledge and experience. B. … Exclusion due to Self-Contradiction, Confusion, and Lack of Support FERC is clearly not impressed with Mr. Welch’s opinions. Pet’r’s Mot. at 12- 13.

Crane v. Commissioner of Department of Agriculture, Food & Rural Resources

602 F. Supp. 280 · District Court, D. Maine · Oct 25, 1985

The pool established under the Act serves the same redistributive function as the producer settlement fund established under the Federal Order. … Plaintiffs do not contend that the AMAA expressly prohibits states from establishing minimum producer prices above those established under the Order.

United States v. Emerson

432 F. Supp. 2d 128 · District Court, D. Maine · May 11, 2006

While mere coincidental possession does not establish the requisite connection, it is sufficient “if the possession has ‘the potential to aid or facilitate’ the other crime.” … Morris and Bevard addressed whether juvenile adjudications for violent crimes could qualify as predicate convictions under the ACCA.

Black v. Unum Life Insurance Co. of America

324 F. Supp. 2d 206 · District Court, D. Maine · Jun 22, 2004

DiDon-na’s assessment, decided that Black no longer qualified for long term disability benefits and could return to his regular occupation. … Defendant clearly has the capacity to pay Black’s attorney’s fees.

St. Jean v. Racal Mortgage

952 F. Supp. 22 · District Court, D. Maine · Jan 22, 1997

Section 9-101 establishes the scope of transactions governed by the requirements of Article 9. … It is not necessary for the unlicensed lender to determine in advance whether it will qualify ás a creditor during a particular year.

Doran-Maine, Inc. v. American Engineering & Testing, Inc.

608 F. Supp. 609 · District Court, D. Maine · May 14, 1985

It clearly was not a transcription or typographical error. … AET president Montgomery was also qualified as an expert with respect to the fabrication and testing of concrete pipe.

Aroostook Band of Micmacs v. Executive Director Maine Human Rights Commission

307 F. Supp. 2d 95 · District Court, D. Maine · Feb 24, 2004

Quoting in part from an earlier decision, he said: The federal nature of the right to be established is decisive — not the source of the authority to establish it. … On this score, Morales concluded: "We think Young establishes that injunctive relief was available here.

United States v. Baxter

841 F. Supp. 2d 378 · District Court, D. Maine · Jan 10, 2012

In general, if an opposing party denies or qualifies his response, the Rule requires that he explain why by reference to the record: The opposing statement shall admit, deny or qualify the facts by reference to each numbered … The undisputed facts before this Court plainly establish that Mr.

Brown v. Crown Equipment Corp.

445 F. Supp. 2d 59 · District Court, D. Maine · Aug 9, 2006

The issue is not ripe for application of Rule 403, however, because the relevance of each proffered report has not in fact been established. … The content of the defendant’s training manual for the forklift at issue is clearly relevant to those two claims.

LaRocque v. TRS Recovery Services, Inc.

285 F.R.D. 139 · District Court, D. Maine · Jul 17, 2012

Falcon, 457 U.S. 147, 102 S.Ct. 2364 , 72 L.Ed.2d 740 (1982), it had said that commonality would “clearly” be satisfied if the challenge was to a particular testing procedure that an employer used for applicants and employees … Unfortunately, there is no established set of criteria for qualifying or disqualifying a person to serve as a class representative. 27 When some member of the class has a significantly larger stake than others, it often makes

United States v. Saravia

851 F. Supp. 494 · District Court, D. Maine · May 17, 1994

Further, it is also well established that the double jeopardy clause does not bar a subsequent new trial where a defendant strategically chooses to seek dismissal of two counts of an indictment on the basis of a speedy trial … Because this Court’s dismissal without prejudice of Count II is not likely to qualify as an appealable order and because the Act and case law clearly allow for the government to reindict a defendant in such circumstances,

Ballesteros v. Bangor Hydro-Electric Co.

497 F. Supp. 2d 1 · District Court, D. Maine · Jul 23, 2007

She advised that Gayle wait until January 2, 2005 to call in the official decision so that Gayle could qualify for an additional year credit on the severance pay package. … Ballesteros urges: The Defendant repeatedly states that to qualify for voluntary severance that the Plaintiff must establish that the Company’s interests were advanced or not injured by her decision to leave.

Acadia Insurance v. Allied Marine Transport LLC

151 F. Supp. 2d 107 · District Court, D. Maine · Jul 30, 2001

The fax clearly request *114 ed that Pederson call Butterworth. … It is clearly the duty of a ship owner to not only provide a crew sufficient in number, see, e.g., June T., Inc. v.

Spellman v. United Parcel Service, Inc.

540 F. Supp. 2d 237 · District Court, D. Maine · Mar 19, 2008

. § 360(2), is not specifically directed toward entities engaged in insurance. 36 (ii) “Substantially affects the risk pooling arrangement” The Bureau of Insurance rule clearly affects the risk pooling arrangement between … They therefore qualify for the ERISA savings clause, 29 U.S.C. § 1144 (b)(2)(A), and the substance of these provisions survives ERISA.

Maine v. Norton

257 F. Supp. 2d 357 · District Court, D. Maine · Apr 24, 2003

The State has clearly established the first element of standing — that the listing injures the State by interfering with its sovereign interests in managing its own natural resources and enacting and enforcing its own legal … criteria for determining what qualifies as a DPS.