Case law

Graffam v. Town of Harpswell

250 F. Supp. 2d 1 · District Court, D. Maine · Mar 26, 2003

This would be true even were planning officials to clearly violate, must less “distort” the state scheme under which they operate. A federal court, after all, “should not ... sit as a zoning board of appeals.” … Nor do the conclusory allegations of the amended complaint establish a claim under the first of the two Tobin alternatives.

DOE v. PORTLAND PUBLIC SCHOOLS

District Court, D. Maine · Nov 3, 2023

s off-campus speech despite the fact that she used a medium that clearly “risk[ed] transmission to the school itself”)). … Under this joint standard, a party seeking relief must establish that (1) “he is a qualified individual with a disability,” (2) “he was excluded from participating in, or denied the benefits of a public entity’s services

Millay v. Maine

986 F. Supp. 2d 57 · District Court, D. Maine · Dec 9, 2013

The State of Maine participates in the grant program established by Title I. … Although neither side called any of Job Corps’s employees to testify, it was clearly Millay’s intention to do so.

Warming v. Hartford Life & Accident Insurance

663 F. Supp. 2d 10 · District Court, D. Maine · Aug 30, 2009

She clearly has some impairment on the basis of her multiple sclerosis. He is not sure if she would be able to function in the work place because of her complaints. … "Subparagraph (h)(3)(iii) specifically requires such evidence be evaluated by qualified healthcare professionals.” Id.

Consumer Advisory Board v. Glover

151 F.R.D. 490 · District Court, D. Maine · Sep 30, 1993

When the provisions of the Decree are compared with the allegations in the Complaint, the Court can only conclude that Plaintiffs have established a set of facts which, if proven, would establish that Defendants have violated … The Supreme Court has clearly held that a federal court is not barred from entering a consent decree providing broader relief than the court could have awarded after trial.

Brunelle v. Cytec Plastics, Inc.

225 F. Supp. 2d 67 · District Court, D. Maine · Sep 30, 2002

The qualifier that Brunelle was "pretty sure” is not significant enough to undercut the force of the statement. 7 . Although the Defendants assert that Dr. … Alfred Calcagni & Sons, 44 F.3d 1, 4-5 (1st Cir.1994) ("When an interested witness has given clear answers to unambiguous questions, he cannot create a conflict and resist summary judgment with an affidavit that is clearly

Maine Education Ass'n Benefits Trust v. Cioppa

842 F. Supp. 2d 373 · District Court, D. Maine · Feb 3, 2012

MEABT qualifies as a voluntary employees’ beneficiary association (“VEBA”) pursuant to Section 501(c)(9) of the Internal Revenue Code. A. … Rather, Anthem clearly would rely on the current Contract in declining a request for disclosure of loss information, even if that information related to pre-July 2011 claims. 2.

United States v. Miller

442 F. Supp. 742 · District Court, D. Maine · Dec 13, 1977

That Kinney and White were lawfully investigating the same emergency when they boarded the Cold Duck on the morning of May 14 and observed the marihuana debris and the navigational chart is clearly established by uncontradicted … The undisputed evidence establishes that his actions were completely voluntary. Under well settled principles, the bill of sale is clearly admissible. Schneckioth, supra at 219, 93 S.Ct. 2041 ; Davis v.

Blanco v. Bath Iron Works Corp.

802 F. Supp. 2d 215 · District Court, D. Maine · Jul 6, 2011

To survive a motion to dismiss, “a complaint must establish a plausible entitlement to relief.” Id. (internal quotations omitted). In Ocasio-Hernandez v. … The ADA clearly protects the confidentiality of Mr. Blanco’s response if truthful and the ADA still protects its confidentiality if not.

GLADU v. MAINE HUMAN RIGHTS COMMISSION

District Court, D. Maine · Mar 25, 2022

He says “the Court lacks authority to dismiss [his] complaint sua sponte” and that “the magistrate’s analysis/screening of the complaint clearly evinces heightened pleading requirements beyond those prescribed by law.” … the complaint – (1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or, (2) seeks monetary relief from a defendant who is immune

Trafton v. Sunbury Primary Care, P.A.

689 F. Supp. 2d 180 · District Court, D. Maine · Feb 25, 2010

Trafton answered: Qualified. Plaintiff stated that Dr. Bruehl told her, “I heard about your two breakdowns.” … Saveli about her prior suicide attempts, establish that Dr.

MARTIN v. NATIONAL GENERAL INSURANCE COMPANY

District Court, D. Maine · Nov 9, 2021

“The Supreme Court has interpreted this affirmative grant of authority to Congress as also establishing what has come to be called the Dormant Commerce Clause—a self-executing limitation on state authority to enact laws … To qualify for McCarran-Ferguson Act protection, a state law must “relate to” the regulation of the business of insurance.

STRANGE v. BELLOWS

District Court, D. Maine · Feb 27, 2024

Skibicki, 844 F.2d 792 (9th Cir. 1988) (“The district court may sua sponte dismiss a complaint prior to the issuance of a summons if the court clearly lacks subject matter jurisdiction or lacks jurisdiction because the … Plaintiff seeks to establish the qualifications of an individual to hold federal office in the future.

Christian Action Network v. Maine

679 F. Supp. 2d 140 · District Court, D. Maine · Jan 13, 2010

The only close issues here are whether the State proceedings qualify under Younger and its progeny as the proper type of administrative hearing and whether the State had commenced the proceedings before Christian Action Network … Formal proceedings clearly are pending, it said, if “an indictment or other formal charge” has been filed. Id. at 519.

Perez Ex Rel. Estate of Perez v. Maine

585 F. Supp. 1535 · District Court, D. Maine · May 3, 1984

Clearly his conduct in entering into that agreement was knowingly and voluntarily done. … On July 2, 1980, the State of Maine was dismissed as a defendant due to its immunity from suit under the eleventh amendment. 2 .

Auburn Police Union v. Tierney

756 F. Supp. 610 · District Court, D. Maine · Feb 7, 1991

A statute is void for vagueness “if its prohibitions are not clearly defined.” Grayned v. City of Rockford, 408 U.S. 104, 108 , 92 S.Ct. 2294, 2298 , 33 L.Ed.2d 222 (1972). … Clearly, a member of the Lewiston Police Union could solicit neither a member of the Auburn Police Union nor members of the Attorney General’s office.

United States v. Hutchinson

26 F. Cas. 446 · District Court, D. Maine · Mar 15, 1868

The master is made absolutely liable by the very words of the section, and how can a court be justified in restricting this liability to certain cases, qualifying it so as to reach the master only, when he has not been personally … of these articles was as follows: “Merchants, ship-owners and others, shall not be made responsible for the crimes or offences of their servants or crews, except where guilty knowledge, or the most culpable negligence is clearly

Strickland v. Commissioner, Maine Department of Human Services

921 F. Supp. 21 · District Court, D. Maine · Apr 8, 1996

The legislative history suggesting that depreciation be eliminated, even if not binding on the agency, manifestly qualifies as [sic] good reason for the agency to change its views. Id. at 19 (emphases added). … At a minimum the contradictory legislative history is insufficient to establish a clear Congressional intent to override the discretion conferred on the Secretary by the ambiguous statutory language.

Rothrock v. Turner

435 B.R. 70 · District Court, D. Maine · Aug 12, 2010

Instead, to be granted, motions under Rule 59(e) must "either clearly establish a manifest error of law or must present newly discovered evidence.” Id. (citing Fed. Deposit Ins. Corp. v. … Morgan to deliver the proceeds to the KeyBank account amounted to instructions to redeliver the collateral to him and qualified the transaction under § 9-1313(8)(b). Reply Brief at 2.

United States v. H & S REALTY CO.

647 F. Supp. 1415 · District Court, D. Maine · Nov 17, 1986

equities as clearly favoring H & S Realty’s position. … This is clearly an issue of fact which cannot be resolved on a motion for summary judgment.