Case law

H.P. Hood, Inc. v. Commissioner of Agriculture, Food & Rural Resources

764 F. Supp. 662 · District Court, D. Maine · May 6, 1991

See also 7 M.R.S.A. § 2954 paragraph 2 (considerations in establishing prices). See also Maine Milk Commission v. … Maine clearly states that it is not relying on or challenging the federal milk laws.

WE THE PEOPLE PAC v. DUNLAP

District Court, D. Maine · Feb 16, 2021

The Plaintiffs also argue that the “Defendants fail to establish how many of the circulators . . . … The Plaintiffs also argue that the “Defendants fail to establish how many of the circulators . . .

CHASE v. CITY OF BANGOR

District Court, D. Maine · Apr 13, 2021

“Section 1983 supplies a private right of action against a person who, under color of state law, deprives another of ‘any rights, privileges, or immunities secured by the Constitution and [federal] laws.’” Gray v. … “To have standing to pursue injunctive relief, a plaintiff must ‘establish a real and immediate threat’ resulting in ‘a sufficient likelihood that he will again be wronged in a similar way.’”

Noveletsky v. Metropolitan Life Insurance

49 F. Supp. 3d 123 · District Court, D. Maine · Sep 24, 2014

[and] a statute in derogation of it will not effect a change thereof beyond that clearly indicated either by express terms or by necessary implication.’” (quoting Batchelder v. … To establish that Temkin made the wrong choice, the Plaintiffs must establish that there was a better choice. 20 The parties all described the MetLife Policy as the Cadillac of policies.

Doyon v. Rite Aid Corp.

279 F.R.D. 43 · District Court, D. Maine · Nov 18, 2011

store manager or district manager); Youngblood, 2011 WL 1742109 , at *2-*3 (observing, in putative Rule 23 class action challenging employees’ classification as exempt from overtime compensation requirements, “Plaintiffs clearly … “Unlike privileged information, the protection afforded to privacy claims is qualified, not absolute.” Khalilpour v. CELLCO P’ship, No. C 09-02712 CW (MEJ), 2010 WL 1267749 , at *3 (N.D.Cal. Apr. 1, 2010).

PLOURDE v. REDINGTON-FAIRVIEW HOSPITAL

District Court, D. Maine · Jun 25, 2021

Plourde asserts that the Maine State Crisis Team Members qualify as state actors under the Maine Superior Court’s analysis in Saunders v. Tisher, No. CV-04-27, 2005 Me. Super. LEXIS 197 (Me. Super. Mar. 24, 2005). … Since Saunders was decided, the First Circuit issued Estades-Negroni, which clearly establishes the three tests for determining state action, and this Court is bound by that decision. Third, Mr.

The Dawn

7 F. Cas. 204 · District Court, D. Maine · Feb 15, 1841

All these cases clearly sustain the principle, that the seamen, in the event of shipwreck, are entitled to claim against the property which they have saved, in the quality of salvors. … The same rules are established by the laws of Hamburgh.

Golf Tech, LLC v. Edens Technologies, LLC

592 F. Supp. 2d 167 · District Court, D. Maine · Jan 6, 2009

In response, Edens merely qualifies this statement, saying that because the trailing edge is serrated, “the trailing edge cannot generate useful data.” Def.’s Opposing SMF ¶ 27 (emphasis added). … In sum, Edens fails to establish invalidity of the '211 patent by clear and convincing evidence on all its asserted grounds.

Cormier v. Fisher

404 F. Supp. 2d 357 · District Court, D. Maine · Dec 21, 2005

. *361 To establish personal jurisdiction over a non-resident defendant, the plaintiff must demonstrate that the defendant is subject either to “general jurisdiction” or “specific jurisdiction.” … The Complaint does not allege that Plaintiff's treatment occurred in Maine, but the record establishes that Plaintiff is a Maine-Care recipient and that her continuing care takes place here.

Sucrest Corp. v. M/V Jennifer

455 F. Supp. 371 · District Court, D. Maine · Aug 11, 1978

Plaintiff offered no similarly qualified experts on the characteristics of sugar or the carriage of bulk sugar by sea. See Discussion, infra. 16 . … Since the evidence clearly shows that Interfood was no more than the mere instrumentality of Sucrest, under settled principles Sucrest must be regarded as the true charterer of the JENNIFER; clearly, Sucrest was not the innocent

MCLAUGHLIN v. BERKELEY REGIONAL SPECIALTY INSURANCE COMPANY

District Court, D. Maine · Jan 20, 2021

If a statement is denied or qualified by the opposing party, or if an evidentiary objection is raised concerning the record evidence cited in support of a statement, the Court will review those portions … This is clearly beyond the time to file suit set forth in the Policy and, therefore, the action is untimely under the plain terms of the insurance contract.

TUCKER v. LANTMANNEN UNIBAKE USA INC

District Court, D. Maine · Dec 14, 2023

Clearly, it does. Instead of identifying an inaccuracy, Lantmännen proffers a broader explanation for why Mr. Hoffmann made this statement. … Tucker has established a prima facie case of age discrimination. The parties do not dispute that Ms.

Welch v. United States

737 F. Supp. 2d 18 · District Court, D. Maine · Sep 14, 2010

Because it only diverts the patient from making what is clearly the better choice, in those situations Dr. Ryan testified that the surgeon (and the oncologist) often will not bring up the possibility of a resection. … a waiver of sovereign immunity.

Central Maine Power Co. v. Foster Wheeler Corp.

684 F. Supp. 724 · District Court, D. Maine · Apr 18, 1988

Copies of the Specifications and Bidding Documents were provided to qualified bidders, including Defendant Foster Wheeler Corporation. … Clearly, CMP had thought a multiple alarm system was important in detecting and preventing salt incursion.

DANIEL

District Court, D. Maine · Apr 3, 2026

Breastfeeding is her child’s primary source of nutrition, hydration, and immune protection. Id. … Daniel has therefore clearly established the first Mathews factor weighs in her favor. b.

Osher v. UNIVERSITY OF MAINE SYSTEM

703 F. Supp. 2d 51 · District Court, D. Maine · Apr 7, 2010

Osher has established her prima facie case of retaliation. 5. … Osher was not a qualified candidate for tenure. See Santiago-Ramos v. Centennial P.R.

The Clotilda

5 F. Cas. 1075 · District Court, D. Maine · Jun 15, 1872

The evidence does not establish that any fraud was practiced by Cleaves, or that the contract was obtained by compulsion, or any advantage taken of the position of the property of the master. … An appraisal in bond of the entire cargo has been taken by order of the court, by persons well qualified for that duty, who have under oath estimated its entire value on the wharf in Portland at $14,086.49.

CALVARY CHAPEL OF BANGOR v. MILLS

District Court, D. Maine · Jun 4, 2021

Thus, the Governor adds, the Plaintiff’s claims for nominal damages under both § 1983 and RLIUPA would be barred by such immunity. Def.’s Sur-Reply 2–3. … See Pl.’s Sur-Reply (stating that Governor’s argument about sovereign immunity is a “distraction” and that “[t]he ripeness of this case does not depend on nominal damages”).

In Re Hannaford Bros. Co. Customer Data Security Breach Litigation

613 F. Supp. 2d 108 · District Court, D. Maine · May 12, 2009

I conclude that the plaintiffs’ allegations do not establish a confidential relationship under Maine law. (D) Count TV. … affect or prevent” other remedies that may be available under state or federal law, 82 its detailed standards certainly give me reason to be wary of creating any new state standards where the Maine Law Court has not already clearly

BYRD v. MOTT MACDONALD GROUP INC

District Court, D. Maine · Sep 10, 2025

ECF No. 39 at 5; see 29 U.S.C. § 2612(a)(1) (establishing entitlement to twelve workweeks of leave in a twelve- month period for qualifying employees). … establish prima facie case of retaliation).