Case law

Keyes Fibre Co. v. Chaplin Corp.

97 F. Supp. 605 · District Court, D. Maine · May 8, 1951

In a qualified and limited sense a claim rejected as this was constitutes res judicata in favor of the Government and against the applicant.” … A summary judgment cannot be granted on the issue of overclaim unless *612 the overclaim .is clearly shown, as a matter of law, from undisputed evidence properly before the Court.

FALLER v. TWO BRIDGES REGIONAL JAIL

District Court, D. Maine · Jul 29, 2022

Plaintiff’s Claims A plaintiff seeking relief under Title II of the ADA “must [first] establish . . . that [s]he is a qualified individual with a disability.” … A qualified individual with a disability must prove two additional elements to establish a Title II claim: “that [s]he was either excluded from participation in or denied the benefits of some public entity’s services

Siegemund v. Shapland

324 F. Supp. 2d 176 · District Court, D. Maine · Jun 14, 2004

When Siegemund's lawyer asked Gaythwaite at her deposition whether she believed that Shapland's investigation of the guardians' conduct was adequate, Gaythwaite responded that his investigation clearly passed the "willful … Siegemund repeatedly argues that her only burden is to establish the existence of a fiduciary duty, and that once she establishes duty, the burden shifts to Shapland to establish that he did not breach that duty.

Darling's v. Chrysler Group, LLC

57 F. Supp. 3d 68 · District Court, D. Maine · Oct 30, 2014

Under a franchise relationship with Chrysler, Darling’s provides free warranty service to qualified owners of Chrysler cars and then submits labor invoices to Chrysler for compensation. … Whether or not this Court is obligated to follow a state law purporting to require it to halt its proceedings, an issue the parties have not briefed, the Court clearly possesses inherent power to order a stay for prudential

Locke v. Karass

425 F. Supp. 2d 137 · District Court, D. Maine · Mar 31, 2006

The second sentence is Qualified, as those notes speak for themselves.” (Plaintiff’s MSEA Response SMF (Docket # 86) at ¶ 18). … The Court agrees, and finds that the notes do indeed clearly lay out the SEIU’s categorization of chargeable and nonchargeable expenses. 5 .

Maine Ass'n of Retirees v. Board of Trustees

954 F. Supp. 2d 38 · District Court, D. Maine · Jun 24, 2013

State of Maine, 627 A.2d 513 , 514 n. 1 (Me.1993) (“In deciding this case, we do not address the rights of those state employees who have, pursuant to 5 M.R.S.A. § 17851 (1989 & Supp.1992), qualified for service retirement … The Court cannot say clearly and unequivocally that Former Section 17801 can be read to create a contractual obligation to an even higher floor and thereby render this portion of the statutory language meaningless. 18 See

ABADI v. WALMART INC

District Court, D. Maine · Oct 17, 2022

reporting of her wages was the result of some combination of carelessness, confusion, and failure to appreciate the need for precision, and that even if she had disclosed her income accurately, she would have qualified … must “dismiss the case at any time if” it determines that the action “is frivolous or malicious, . . . fails to state a claim on which relief may be granted,” or “seeks monetary relief against a defendant who is immune

BRADLEY v. YORK COUNTY SHERIFF

District Court, D. Maine · Jul 6, 2023

The discretion is limited to dismissing cases “when the result does not clearly offend equity” or “conflict with a federal rule.” Pomerleau v. W. Springfield Pub. … To maintain a claim under section 1983, a plaintiff must establish: “1) that the conduct complained of has been committed under color of state law, and 2) that this conduct worked a denial of rights secured by the Constitution

Arista Records LLC v. DOES 1-27

584 F. Supp. 2d 240 · District Court, D. Maine · Oct 29, 2008

As the magistrate judge noted, Plaintiffs filed a number of documents on the same day as the Complaint, but only two of them qualify for consideration under Watterson. … The magistrate judge’s decision to allow the requested discovery was neither clearly erroneous nor contrary to law.

New England Telephone & Telegraph Co. v. Public Utilities Commission

570 F. Supp. 1558 · District Court, D. Maine · Sep 20, 1983

The relief afforded by the statute is clearly parallel with the relief sought by NET. … The noun “person” is clearly one of greater scope and inclusiveness than the noun “party.”

Lavery v. Kearns

792 F. Supp. 847 · District Court, D. Maine · Apr 30, 1992

This testimony clearly does not describe the type of interweaving of interests with Kearns and Waterman necessary to establish vertical commonality. … The publication, clearly a public relations organ of First NH Banks, describes Kearns and Waterman and their enterprises and plans in glowing terms, establishes that they are customers of the Bank and extracts from them laudatory

Coffin v. Bowater Inc.

385 F. Supp. 2d 38 · District Court, D. Maine · Sep 2, 2005

The third sentence excludes and supersedes those particular program documents that purport to define or describe a listed “Benefit Program,” and that do not have the requisite formality to qualify as capitalized “Program … This phrase, however, is included in the section of the agreements concerning pensions and is clearly written in the context of a pension proposal.

United States Public Interest Research Group v. Atlantic Salmon of Maine, LLC

215 F. Supp. 2d 239 · District Court, D. Maine · Jun 17, 2002

The court found that the range qualified as a point source and was in violation of the Act. Id. at 656 . … Blood water falls under the category of "biological material” and thus qualifies as a pollutant under the Clean Water Act.

Asic II Ltd. v. Stonhard, Inc.

63 F. Supp. 2d 85 · District Court, D. Maine · Sep 6, 1999

established: Stonhard bid to the General Conditions in the original bid package and NSC accepted that offer, thereby implicitly rejecting the divergent General Terms and Conditions included in Stonhard’s letter proposal … The $100,000 Deductible ASIC II argues that even if the scope of the waiver clause immunizes Stonhard from liability for damage to NSC’s nonwork property, Stonhard still remains liable to ASIC II for $100,000, representing

Coastal Counties Workforce, Inc. v. Lepage

284 F. Supp. 3d 32 · District Court, D. Maine · Jan 3, 2018

We now feel the best policy is to work with local areas to establish service spending goals .... Id. … Such financial ruin qualifies as irreparable harm"). C.

Blount v. Redmond

649 F. Supp. 319 · District Court, D. Maine · Oct 22, 1986

Maine law, Me.Rev.Stat.Ann. tit. 20-A, § 5001-A(1) (1985-86 Supp.), requires children between the ages of 7 and 17 to attend a public school during its regular annual session, unless the child qualifies for one of the specific … Second, plaintiffs have not established that they would suffer irrepa- *324 rabie injury if the injunction were not granted. A. Younger Abstention In the landmark decision of Younger v.

Perrino v. Salem, Inc.

243 B.R. 550 · District Court, D. Maine · Dec 20, 1999

The Court finds that none of the Bankruptcy Court’s factual conclusions, or inferences therefrom for that matter, are clearly erroneous. … Clearly, therefore, MPI was not entitled to enforce the instrument under § 1-1301(1).

Application of Asta Medica, SA

794 F. Supp. 442 · District Court, D. Maine · May 22, 1992

Congress also established an Advisory Committee to assist the Commission. The Commission and the Advisory Committee worked closely with the Columbia Law School Project on International Procedure. … foreign countries parties cannot be witnesses and their statements are not considered testimony; nevertheless § 1782 "makes clear that the district court may order that parties and other persons, whose statements do not qualify

Reich v. Bath Iron Works Corp.

838 F. Supp. 650 · District Court, D. Maine · Nov 10, 1993

The statute clearly states what must be included in a notice of controversion. … Plaintiff Secretary, on the other hand, asserts that workers can qualify for Special Fund awards even if they file claims under state law.

Austin ex rel. S.A. v. Town of Dexter

552 F. Supp. 2d 38 · District Court, D. Maine · Apr 8, 2008

Each such statement shall begin with the designation “Admitted,” “Denied,” or “Qualified” and, in the case of an admission, shall end with such designation. … Clearly, the Austins have not complied with the local rule and the Town of Dexter in its reply memorandum argues that the plaintiffs’ effort is insufficient to defeat summary judgment.