Case law

TRAFFORD v. City of Westbrook

669 F. Supp. 2d 133 · District Court, D. Maine · Nov 12, 2009

Indeed, the Supreme Court has remarked that “Carey obligates a court to award nominal damages when a plaintiff establishes the violation of his right to procedural due process but cannot prove actual injury.” Farrar v. … Similarly, in Cotnoir , the First Circuit affirmed a denial of qualified immunity for individual defendants who terminated a tenured professor because (1) they had not informed the professor that they were contemplating his

Austin v. Town of Dexter

522 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.

Cpi Card Grp., Inc. v. John Dwyer, Multi Packaging Solutions, Inc.

294 F. Supp. 3d 791 · District Court, D. Maine · Dec 29, 2017

At the outset, the Court notes that CPI does not sufficiently identify why the information contained in these emails qualifies as a trade secret. … Here, CPI has clearly shown that Dwyer likely violated the confidentiality provisions of the Confidentiality Agreement on numerous occasions.

DELEO v. JONES

District Court, D. Maine · Mar 25, 2024

PSAMF ¶ 7 for the same reason as they qualify PSAMF ¶ 6. … DeLeo meeting his burden of establishing that Ms.

BAILEY v. DEJOY

District Court, D. Maine · Feb 26, 2021

Plaintiff alleges that the postal plant manager, Brandon Pinkham, “violated protocols and established policies” during her employment. (Complaint at 5.) … The Committee is required to publish a list of products and services suitable for procurement by the Federal government that are produced or provided “by a qualified nonprofit agency for the blind or by a qualified nonprofit

Mitsubishi Caterpillar Forklift America, Inc. v. Superior Service Associates, Inc.

81 F. Supp. 2d 101 · District Court, D. Maine · Dec 8, 1999

This Court has reviewed this aspect of the matter and finds *105 that the decision on the motion to strike is not clearly in error. 2 . … Ordinarily, a document designating an expert witness is not of evidentiary qualify and not suitable as a factual source for purposes of summary judgment.

Kaplan v. First Hartford Corp.

716 F. Supp. 2d 11 · District Court, D. Maine · Jun 1, 2010

Model Business Corporation Act § 13.01(2), which underlies First Hartford’s argument that the buyout should be limited. 44 At the time, however, First Hartford’s lawyer did not alert me that he was forecasting what would clearly … their “conceptual agreement” on a buyout of the shares that Kaplan controlled. 58 Thus, when I discussed Kaplan’s individual, beneficial, and joint interests in my March 2009 ruling, I adopted what had been the parties’ established

United States v. Cadieux

350 F. Supp. 2d 275 · District Court, D. Maine · Dec 22, 2004

Except to establish he was charged with committing the crime against the same victim “on diverse dates and times” between September 1984 to February 1985, the Indictment sheds little light on his crime beyond what could be … In Meader , the First Circuit concluded it would be "excessively artificial” to ignore the indictment information, which was set out in only one count in a matter that "so clearly increases its understanding of the nature

Lichtenstein v. Consolidated Services Group, Inc.

978 F. Supp. 1 · District Court, D. Maine · Aug 22, 1997

The corporation clearly has the right, under 2(a)(iii), to terminate an employee without cause. … Lichtenstein testified that Keefe played a role in establishing contact with New England Coffee as well. Tr. Vol. I at 28.

ASSOCIATION TO PRESERVE AND PROTECT LOCAL LIVELIHOODS v. TOWN OF BAR HARBOR

District Court, D. Maine · Feb 29, 2024

In any event, clearly the Bar Harbor cruise lines and pilots. … as follows: [F]reedom of contract is a qualified, and not an absolute, right.

Sullivan v. City of Augusta

406 F. Supp. 2d 92 · District Court, D. Maine · Dec 22, 2005

Do the examples of the Board of Education and Little League imply that only athletic events involving minors would qualify? Would an athletic league sponsored the city adult education program qualify? … 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 contradictory, but does not satisfactorily explain why

United States v. 414 EAST KENNEBEC ROAD, MACHIAS, MAINE

District Court, D. Maine · Oct 18, 2024

Sun to establish good cause for setting aside the entry of default; merely filing a late answer is insufficient. … The Government clearly states that it attempted to provide notice via certified mail, regular mail, and electronic mail during the month of June. Decree of Forfeiture at 2.

Maine Yankee Atomic Power Co. v. Bonsey

107 F. Supp. 2d 47 · District Court, D. Maine · May 8, 2000

Maine Yankee appears to contend that any permit, approval, or authorization a state may require in connection with an ISFSI (e.g., the Site Law permit at issue here) qualifies as a “license” prohibited under 10 C.F.R. § 72.8 … Nor does the state have any authority to prevent an on-site transfer of the spent 'fuel — clearly an operational and nuclear safety issue. .

BRAYMAN v. PORTER

District Court, D. Maine · Jul 7, 2020

“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, a plaintiff must demonstrate both that he was “incarcerated under conditions posing a substantial risk of serious harm,” and that the defendant “acted, or failed to act, with ‘deliberate

PARASKEVOPOULOS v. CENTRAL MAINE MEDICAL CENTER

District Court, D. Maine · Aug 9, 2019

However, in support of that argument, the defendant relies heavily on statements of material facts that are either qualified or denied, see id. … To support its contention that the plaintiff never clearly communicated any additional need for accommodations, the defendant cites another series of qualified and disputed facts, including that (i) Dr.

PINES CHURCH v. HERMON SCHOOL DEPARTMENT

District Court, D. Maine · Sep 24, 2025

. § 1983 action asserting HSD violated their First Amendment free speech and free exercise rights, and the establishment clause. … Evid. 701 (advisory committee notes) (“[M]ost courts have permitted the owner or officer of a business to testify to the value or projected profits of the business, without the necessity of qualifying the witness as an

CAVANAGH v. IDEXX LABORATORIES INC

District Court, D. Maine · May 28, 2024

Cavanagh clearly articulates a sex-based hostile work environment theory in her pleading. … To establish a failure to accommodate claim, a plaintiff must demonstrate “that (1) she was disabled within the meaning of the ADA, (2) she was a qualified individual, and (3) the defendant, despite knowing of her disability

NGAPEY v. CMG MORTGAGE INC

District Court, D. Maine · Jul 31, 2024

is within the district court’s discretion to dismiss an action based on a party’s unexcused failure to respond to a dispositive motion when such response is required by local rule, at least when the result does not clearly … However, that statute provides for a maximum rate of six percent “in the absence of an agreement in writing establishing a different rate[.]” 9-B M.R.S. § 432(1).

Clark v. United States

180 F. Supp. 696 · District Court, D. Maine · Jan 7, 1960

It is apparent from the depositions that the trust was not established primarily as a tax-saving scheme. … His doing so clearly indicates that he did not intend to impose upon himself fiduciary restraints enforcible by the trust beneficiaries.”

FRIEDMAN v. CENTRAL MAINE POWER COMPANY

District Court, D. Maine · Feb 21, 2025

Each such statement shall begin with the designation “Admitted,” “Denied,” or “Qualified” and, in the case of an admission, shall end with such designation. … Carpenter does not know the level of RF exposure where there is a clearly defined adverse human health effect (Id.