Case law

Johnson v. SCHOOL UNION, 107

295 F. Supp. 2d 106 · District Court, D. Maine · Dec 11, 2003

Trustees Boston Univ., 891 F.2d 837, 346 (1st Cir.1989). 6 In the present case Johnson without question establishes her prima facie case. … Likewise the defendant has clearly articulated a legitimate nondiscriminatory reason for the decision not to offer a continuing contract: the plaintiff was not a good enough teacher to deserve “lifetime tenure” at their school

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.

SAVAGE v. MILLS

District Court, D. Maine · Aug 7, 2020

“The party invoking federal jurisdiction bears the burden of establishing these elements.” Lujan, 504 U.S. at 561. … Plaintiffs have failed to provide the needed factual allegations to sustain a right to travel claim under the Privileges and Immunities Clause of the Fourteenth Amendment.

BAILEY v. DEJOY

District Court, D. Maine · Feb 3, 2023

Bailey “cannot establish that she was qualified to perform the essential functions of the mail handler assistant position.” Id. Second, Ms. … “Pursuant to that analysis, ‘an [applicant] must first establish a prima facie case that (1) she has a disability; (2) she is otherwise qualified, with or without reasonable accommodations, to perform the essential

HOWLAND

District Court, D. Maine · May 22, 2026

Nov. 30, 2012) (finding psychologist qualified to explain implicit bias and implicit association test but excluding it as unhelpful and potentially confusing); Downing v. … Under Rule 701, lay witnesses can give an opinion that is “(a) rationally based on the witness’s perception; (b) helpful to clearly understanding the witness’s testimony or to determining a fact in issue; and (c) not

LOGAN v. WASHINGTON COUNTY JAIL MEDICAL DEPARTMENT

District Court, D. Maine · Nov 29, 2022

to “identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint (1) is frivolous, malicious, or fails to state a claim …; or (2) seeks monetary relief from a defendant who is immune … To establish constitutional liability, Plaintiff must demonstrate both that he was “incarcerated under conditions posing a substantial risk of serious harm,” and that Defendants “acted, or failed to act, with

Acadia Motors, Inc. v. Ford Motor Co.

844 F. Supp. 819 · District Court, D. Maine · Feb 15, 1994

Ford has also failed to establish that § 1176 actually conflicts with federal law. Ford cites Jones v. … In other areas, the Legislature has clearly stated its intention to have statutory provisions apply to preexisting contracts.

WADSWORTH v. MSAD 40/RSU 40

District Court, D. Maine · Oct 29, 2020

Second, a plaintiff must establish that “the perpetrator of the violation was acting under color of law.” Cruz-Erazo v. … Inadequate training of a single official will not alone establish liability on the municipality. Id. at 390-91.

Eastern Maine Medical Center v. Burwell

159 F. Supp. 3d 109 · District Court, D. Maine · Feb 9, 2016

The CMS Administrator ruled that in order for outside rotations to qualify for reimbursement, 42 C.F.R. § 413.86 (f) required that a written agreement with the off-campus physician specify the amount of compensation paid … agreements simply stated that nonhospital sites would not compensate EMMC and that the sites agreed to voluntarily supervise residents without compensation from EMMC, there was not enough information in the agreements to “clearly

FOOTMAN v. LIBERTY MUTUAL GROUP INC

District Court, D. Maine · Mar 27, 2023

Vallee demonstrates that even a temporary stay can be sufficient to establish residence in a household, 687 A.2d at 957, while Dechert establishes that temporary absences from the home do not terminate residence. … Mills stated clearly that he was living with Ms. Bolduc and explicitly not with his parents at the time of the incident.

Lewis v. Geico General Insurance

600 F. Supp. 2d 220 · District Court, D. Maine · Mar 4, 2009

Once the moving party has made a preliminary showing that no genuine issue of material fact exists, the nonmovant must “produce specific facts, in suitable evidentiary form, to establish the presence of a trialworthy issue … In short, Lewis has not generated any genuine issue of material fact as to the validity of GEICO’s Notice of Cancellation, or any ambiguity or objectively reasonable expectation that might have qualified GEI-CO’s ability

Larson v. Allina Health Sys.

350 F. Supp. 3d 780 · District Court, D. Maine · Oct 1, 2018

Qualifying Allina employees were covered by the Allina retirement plan. Allina previously offered a 403(b) Plan to its employees. ( Id. ¶ 84.) … First, qualified default investment alternatives ("QDIAs") are a legal form of enrollment plan under ERISA.

Cutting v. Down East Orthopedic Associates, P.A.

278 F. Supp. 3d 485 · District Court, D. Maine · Sep 30, 2017

Cutting is a qualified individual with a disability within- the meaning of the ADA and the MHRA. Id. ¶ 12. At all times relevant to the Complaint,- she- was a patient of Down East. Id. ¶ 5. … Cutting clearly pleaded a sufficiently direct connection between her disability and the decision not to repair her rotator cuff tear—namely that after the surgery, Down East put forward her disability as the sole reason for

Kaplan v. First Hartford Corp.

484 F. Supp. 2d 131 · District Court, D. Maine · Apr 2, 2007

Those violations do not establish the kind of illegality that *144 justifies dissolution under the Maine statute. … Kaplan established that proposition in this lawsuit.

Chicago Title Insurance v. Sherred Village Associates

544 F. Supp. 320 · District Court, D. Maine · Jun 14, 1982

. § 1715z-1, establishes a program to facilitate the construction of rental housing for lower income families. … In fact, the Senate Report on the bill clearly states that the Act is “not intended to affect substantive rights except as explicitly set out in the bill.”

Berry v. City of South Portland, Me.

525 F. Supp. 2d 214 · District Court, D. Maine · Nov 19, 2007

At the time of her promotion, Plaintiff was qualified for the position of Deputy Chief. (Plaintiffs SMF ¶ 6.) … However, the evidence I obtained in this investigation clearly portrays a serious managerial problem.

Edmonds v. Minneapolis Pub. Sch.

368 F. Supp. 3d 1329 · District Court, D. Maine · Apr 18, 2018

Race Discrimination To establish a prima facie case of race discrimination, Edmonds must show that (1) she was a member of a protected class; (2) she was qualified for the position; (3) she suffered an adverse employment … Her race alone, however, does not establish pretext.

Axis Insurance v. Hall

287 F.R.D. 110 · District Court, D. Maine · Nov 21, 2012

It is well established that for a case to fit within this section, there must be “complete” diversity. Owen Equip. & Erection Co. v. Kroger, 437 U.S. 365, 373 , 98 S.Ct. 2396 , 57 L.Ed.2d 274 (1978). … .2000)(“It appears relatively well settled that an insurer who has paid part of a loss suffered by its insured and has been at least partially subrogated to the insured’s right has substantive rights against a tort feaser qualifying

COHEN v. CITY OF PORTLAND

District Court, D. Maine · Nov 27, 2023

immunity. … As the First Circuit recently explained: Whether an official is entitled to qualified immunity is governed by a two-prong analysis, which a court may resolve on either prong.

Bradley v. Kryvicky

574 F. Supp. 2d 210 · District Court, D. Maine · Aug 29, 2008

However, Stevens is clearly distinguishable from the facts of this case. … Clearly, Count III is based only on the breach of an alleged oral contract.