Case law

JORDAN v. EASTERN MAINE MEDICAL CENTER

District Court, D. Maine · Dec 21, 2021

A party who opposes a motion for summary judgment must “admit, deny or qualify the facts by reference to each numbered paragraph of the moving party’s statement of material facts and unless a fact is admitted, shall support … Defendants are also entitled to summary judgment on the peer review process claim because Plaintiff has not presented evidence to rebut the presumption that the professional review action satisfied the four elements of the immunity

Reed v. Lepage Bakeries, Inc.

102 F. Supp. 2d 33 · District Court, D. Maine · Jul 6, 2000

Employers violate the ADA when they fail to make “reasonable accommodations to the known physical and mental limitations of an otherwise qualified individual with a disability.” 42 U.S.C. § 12112 (b)(5)(A). … That Ninth Circuit case clearly held that the “prima facie burden on the plaintiff-employee includes the burden of showing the existence of a reasonable accommodation.

Veilleux v. National Broadcasting Co., Inc.

8 F. Supp. 2d 23 · District Court, D. Maine · May 29, 1998

“Rule 56(d), covering the situation in which the ease cannot be fully adjudicated on the motion is qualified by the language ‘if practicable.’” Id.; see also 10A Charles Alan Wright, Arthur R. … Defendants contend that Kennedy cannot, as a matter of law, establish the absence of a legitimate public interest, in the results of his drug test.

FAZELI, MD v. NORTHBRIDGE STROUDWATER LODGE II LLC

District Court, D. Maine · May 4, 2021

Nov. 5, 2013) (noting that the definition of employee “is clearly drawn in broad enough terms to extend [the MWPA’s] protection to an independent contractor”) (rec. dec., aff’d Dec. 12, 2013). … However, under Maine law, the conditional privilege for defamation is not a blanket immunity from suit: rather, the privilege does not protect a defendant who “knows his statement to be false, recklessly disregards its

Allen v. VanCantfort

316 F. Supp. 222 · District Court, D. Maine · Aug 4, 1970

The three members of the board of medical officers, all qualified psychiatrists, filed their report on August 7, 1969. … Rather, this is clearly a case where hindsight reveals a possible tactical error “over which conscientious attorneys might differ.” United States v. Garguilo, 324 F.2d 795, 797 (2d Cir. 1963).

Friends of Magurrewock, Inc. v. United States Army Corps of Engineers

498 F. Supp. 2d 365 · District Court, D. Maine · Jul 11, 2007

According to the United States Fish and Wildlife Service’s website, MNWR is one of *367 547 national wildlife refuges, and was established in 1937 by President Franklin D. … and set aside agency action, findings, and conclusions found to be— (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity

Small v. Inhabitants of the City of Belfast

547 F. Supp. 761 · District Court, D. Maine · Sep 23, 1982

transfer him to a nonprison hospital during an asthma attack, id. 446 U.S. at 16 n.l, 100 S.Ct. at 1470 n.l, the Court held that a Bivens cause of action would be implied under the eighth amendment, unless the defendants could establish … Pape, 365 U.S. 167 , 81 S.Ct. 473 , 5 L.Ed.2d 492 (1961) [municipal immunity]; Rizzo v.

CARSON v. MAKIN

District Court, D. Maine · Apr 6, 2023

The Plaintiffs submit further that monetary damages are inadequate to compensate for their injury because it is not easily measured and because Maine is shielded by Eleventh Amendment immunity, foreclosing the … The Commissioner does not contest that the Plaintiffs have established the other three factors. judgment and the injunction.

CORSON v. MODULA INC

District Court, D. Maine · Jul 21, 2020

Here, as I detail below, Corson’s Complaint states clearly that Modula filled her position with a much younger male who did not measure up to her qualifications, avoiding the problem found in the pleadings of … “The plaintiff must establish that (1) she was at least forty years old; (2) she was qualified for the position she had held; (3) she was fired; and (4) the employer 4 Modula cites the fourth element differently, as

DOYLE v. RUMMSEY

District Court, D. Maine · Apr 10, 2023

based on defendants’ qualified immunity). … at 1951 (“It is well established that in a § 1983 case a . . . local governmental entity cannot be subject to liability at all unless the harm was caused in the implementation of ‘official municipal policy.’”

FEDERAL TRADE COMMISSION v. HEALTH RESEARCH LABORATORIES LLC

District Court, D. Maine · Jul 31, 2020

Representations covered by Section II are prohibited unless they are “non- misleading” and substantiated by human clinical testing that is “randomized, double- blind, . . . placebo-controlled,” and conducted by qualified … Product “cures, mitigates, or treats any disease” unless the representations are non-misleading and substantiated by human clinical testing that is randomized, double-blind, placebo-controlled, and conducted by qualified

JONES v. PORTER

District Court, D. Maine · Feb 10, 2020

Moreover, in a no-fault jurisdiction such as Maine, “[r]equiring a party to raise tort claims in a divorce action would inject a detailed examination of fault into the litigation; a result the legislature clearly did not … See 622 A.2d at 1139 (discussing the policy concerns supporting interspousal immunity). bank account to fund payments to a third party would establish economic misconduct).

American Aerial Services, Inc. v. Terex USA, LLC

39 F. Supp. 3d 95 · District Court, D. Maine · Aug 15, 2014

The nonmoving party must then submit a responsive “separate, short, and concise” statement of material facts in which it must “admit, deny or qualify the facts by reference to each numbered paragraph of the moving party’s … The court concluded that “[i]n the conversation with [plaintiff], however, [defendant] did not clearly let [plaintiff] know that [defendant] considered the contract breached.” Id.

SHIELDS v. UNITED OF OMAHA LIFE INSURANCE COMPANY

District Court, D. Maine · Apr 23, 2020

United contends that her estoppel claim fails as a matter of law because “[t]he First Circuit has yet to clearly recognize estoppel as a basis for establishing fiduciary liability under § 1132(a)(3)” and has observed that … A reasonable person in Myron’s shoes could construe this to mean that his “daily presence at work could be sufficient to establish insurability,” Silva v. Metro. Life Ins.

The Star of Hope

22 F. Cas. 1099 · District Court, D. Maine · Dec 15, 1866

This principle is so well established, that I do not understand it as questioned by the learned counsel for respondent; but it is contended that, admitting such to be the law when the vessel meets with disasters in the prosecution … The pilot, George Williams, had the general charge of the vessel, and the evidence is that he was an experienced and licensed pilot, qualified for his position.

United States v. Gagnon

574 F. Supp. 2d 172 · District Court, D. Maine · Aug 11, 2008

Building on earlier federal legislation that encouraged states to set up statewide sex offender registries, SORNA’s aim is to establish a nationwide network of sex offender registration and notification programs as well as … The allegations in this case clearly pertain to Gagnon’s failure to keep his registration' current and, as such, are covered by 42 U.S.C. § 16913 (a) & (c). See United States v.

KENNAWAY v. GILLEN

District Court, D. Maine · Sep 7, 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. … “[T]o establish personal liability in a § 1983 action, it is enough to show that the official, acting under color of state law, caused the deprivation of a federal right.”

Canadian National Railway Co. v. Montreal, Maine & Atlantic Railway, Inc.

750 F. Supp. 2d 189 · District Court, D. Maine · Nov 16, 2010

Instead of BAR billing Twin Rivers, Canadian National took over that responsibility, subject to reimbursement to BAR, and Canadian National became responsible “for establishing rates, contracts, routes, and divisions.” … However, in June 2010, Canadian National informed MMA that it wished to exercise trackage rights to the Twin Rivers mill, and asked to qualify its crews to operate over MMA track as required by the TRA and standard operating

BancBoston Real Estate Capital Corp. v. JBI Associates Ltd. Partnership (In Re Jackson Brook Institute, Inc.)

227 B.R. 569 · District Court, D. Maine · Nov 24, 1998

This argument is unavailable by definition of a refusal to abstain because such an order clearly does not end the litigation in federal court. … In addition, the bankruptcy court’s determination in this ease qualifies as presenting an important legal question for review.

McCormick v. Festiva Development Group, LLC

269 F.R.D. 59 · District Court, D. Maine · Jul 29, 2010

Festiva is a foreign corporation qualified to do business in the State of Maine and having a place of business in Portland, Maine. Id. ¶ 18. … Festiva, as well, asserts that “there are many points of contact between Rangeley and Festiva with respect to the Plaintiffs at issue in this ease” that “will be established in discovery.” Festiva’s Opposition at 5.