Case law

Uncle Henry's Inc. v. Plaut Consulting Inc.

240 F. Supp. 2d 63 · District Court, D. Maine · Jan 9, 2003

Under the clearly erroneous review standard, I Affirm his rulings on the motions to strike. … Here, the conduct of both Uncle Henry’s and Plaut clearly manifested the acceptance by each of the December 7, 2000 version as their final contract.

United States v. Ayotte

841 F. Supp. 2d 398 · District Court, D. Maine · Jan 11, 2012

Ayotte was clearly being held on state charges in the Cumberland County Jail in Maine. App. for Writ of Habeas Corpus (Docket #7). Mr. … To establish a violation of § 922(g)(1), the Government must establish each of the following elements beyond a reasonable doubt: (1) the defendant had a prior felony conviction for an offense punishable by imprisonment for

GRANT

District Court, D. Maine · Aug 6, 2026

Immunity Second, Ms. … Grant’s claim for injunctive relief against DHHS itself clearly fails.

League of Women Voters of Maine v. Gwadosky

966 F. Supp. 52 · District Court, D. Maine · May 19, 1997

Supreme Court jurisprudence clearly supports this axiom. In Hawke v. … Leser was a suit brought by certain qualified voters in Maryland to strike the names of women from the register of voters on the grounds that Maryland’s constitution limited suffrage to men. 7 Id. at 130, 135-136 , 42 S.Ct

National Organization for Marriage v. McKee

723 F. Supp. 2d 245 · District Court, D. Maine · Aug 19, 2010

What they do is create certain consequences for organizations that qualify as PACs, such as registration and reporting, and attribution, disclosure, and reporting requirements on independent expenditures. … Ramos, 438 F.3d 92, 98-99 (1st Cir.2006) ("The evidentiary threshold that must be crossed in order to establish a credible threat is modest, but it is real.” (citation omitted)). 90 .

BAINES v. BELLOWS

District Court, D. Maine · Jun 11, 2020

Takushi, 504 U.S. 428, 434 (1992), established a three-step framework for evaluating state restrictions on ballot access. … Therefore, since the state has been unable to advance a colorable interest in unenrolling these voters, and because Plaintiffs are clearly burdened through the unenrollment process, I find they are likely to succeed in

DeSena v. Beekley Corp.

729 F. Supp. 2d 375 · District Court, D. Maine · Aug 3, 2010

“Intent to deceive ... is established in law by objective criteria.” Id. … S.M.F. ¶ 35; S.A.F. ¶ 35 (qualifying that Solstice has not “always” had the '106 patent number on its markers). 19 .

Toomey v. Unum Life Insurance Co. of America

324 F. Supp. 2d 220 · District Court, D. Maine · Jun 23, 2004

In order to qualify for benefits, the Policy also requires that an employee satisfy an “elimination period” of 180 days. … With the material facts clearly laid out, the Court, in turn, can more efficiently and effectively determine when a case can be appropriately resolved via summary judgment. See, e.g., Ricci v.

BAINES v. BELLOWS

District Court, D. Maine · Dec 31, 2021

As to the adequacy of legal remedies, the Sisyphean nature of Plaintiffs’ experience caused them repeatedly to lose ground and momentum in their effort to establish a political movement, the kind of setback that (at least … The Secretary shall clearly explain these deadlines in the written notice, and shall explain that a failure to respond within the applicable deadline will mean that the voter’s current enrollment status (unenrolled or enrolled

Falconer v. Penn Maritime, Inc.

397 F. Supp. 2d 68 · District Court, D. Maine · Oct 25, 2005

involvement in later civil proceedings, except as provided in § 6308(b). 2 If the photographs in the report are inadmissible under the statute, “possible notes of statements of the Coast Guard Investigator” are even more clearly … Richter is qualified as an expert under Fed.R.Evid. 702; and, (b) his testimony would be “relevant and admissible and should not be barred simply because it conflicts with the opinions of another medical expert retained by

Maine v. United States Department of the Interior

124 F. Supp. 2d 728 · District Court, D. Maine · Jan 2, 2001

with the District Court that the documents sought fall clearly beyond the range of material that would be available to a private party in litigation with the agency”); Maynard, 986 F.2d at 558 . … Plaintiff argues that, for many documents, the DOI Defendants have set forth only conclusory assertions of privilege, rather than explaining how the information contained in the documents qualifies as exempt under the FOIA

Stokes v. Barnhart

257 F. Supp. 2d 288 · District Court, D. Maine · Apr 2, 2003

Clearly, the importation of the standards established by the Americans with Disabilities Act into the Rehabilitation Act by subsection (d) is limited to complaints alleging employment discrimination. … The Privacy Act clearly limits the civil actions it authorizes to actions “against the agency” alleged to have violated the Act. 5 U.S.C. § 552a(g)(1); Schowengerdt v.

Butcher Co., Inc. v. Bouthot

124 F. Supp. 2d 750 · District Court, D. Maine · Jan 3, 2001

Therefore, in accordance with Federal Rule of Civil Procedure 56(e) and the corresponding Local Rule, I treat as admitted all facts that Butcher has not properly denied or qualified. B. … The clearly displayed name of the manufacturer considerably reduces the likelihood that otherwise similar marks will be confused.

Heller v. United States

683 F. Supp. 5 · District Court, D. Maine · Mar 10, 1988

The petitioner in Hill alleged that counsel had advised him that he would be required to serve one-third of any sentence imposed before qualifying for release on parole when in fact, as alleged, he was required to serve one-half … Thus, in the judgment of this Court, Petitioner’s protestation in Ground Two that he was prejudiced by his counsel’s refusal to plea bargain on his behalf is clearly contradicted by the record in this case and is incredible

Randall v. Potter

366 F. Supp. 2d 104 · District Court, D. Maine · Feb 9, 2005

Randall, are insufficient to establish a continuing violation. Although the allegations against Mr. … Ms Randall qualified her admission of this statement. (PSMF ¶ 11).

Chase v. Merson

384 F. Supp. 3d 106 · District Court, D. Maine · May 21, 2019

The PSLRA amended RICO by narrowing the kind of conduct that could qualify as a predicate act. … Even if the plaintiff did not concede them, they clearly are satisfied.

McCue v. Bradstreet

36 F. Supp. 3d 169 · District Court, D. Maine · Jul 30, 2014

If a farm raises and keeps cows in confined conditions within a small area, then state regulators may determine that the farm qualifies as a “Concentrated Animal Feeding Operation.” Id. at 2, ¶¶ 7, 8. … The June 2006 meeting at which McCue was told that Country Acres was under strict scrutiny satisfies the adverse action element because placing a farm or other business under “strict scrutiny” clearly implies a heightened

Stanton by Stanton v. Brunswick School Dept.

577 F. Supp. 1560 · District Court, D. Maine · Jan 23, 1984

That right is clearly and expressly granted to her by the First Amendment and it is not necessary for analytical purposes, as it was in Sheck, supra, to establish the meaningfulness of the Plaintiffs claimed right. … The record clearly shows that he is the principal of the high school.

United States v. Bassford

601 F. Supp. 1324 · District Court, D. Maine · Jan 28, 1985

Using a high-powered pair of binoculars, I was able to clearly see that the crop 1,000 feet below was marijuana. … Thus, the “domestic establishment” of the Bradley building cannot reasonably be viewed as extending much beyond its four walls.

Ingram v. Rencor Controls, Inc.

256 F. Supp. 2d 12 · District Court, D. Maine · Apr 11, 2003

See Plaintiffs SDMF ¶ 66; Defendant’s SMF ¶¶ 86-87; Ingram Depo 56:8-25. 11 Clearly, the parties reached an agreement as to Plaintiffs salary for the year 2001, because his salary was increased from $102,131 in 2000 to $125,992 … Again, Plaintiff qualifies paragraph 66 of Defendant's Statement of Material Facts, but he does not dispute that he received such a salary increase in 2001.