Case law

In re RFC & Rescap Liquidating Trust Action

332 F. Supp. 3d 1101 · District Court, D. Maine · Aug 15, 2018

Second, the language "the Client shall indemnify ... from all losses ...; or from any claim " seems clearly to distinguish losses from claims. … However, mere inaction is insufficient to establish waiver. Id.

MALLINCKRODT LLC v. Littell

616 F. Supp. 2d 128 · District Court, D. Maine · May 20, 2009

However, such a stay is unnecessary unless the risk of bias is sufficiently extreme to qualify for the Younger exception. 7 . … Clearly, the EQB does not measure up to the yardstick of what an impartial adjudicator should be in accordance with Due Process.” Esso I, 389 F.3d at 224 . 8 .

HAJI-HASSAN v. BEAL

District Court, D. Maine · Apr 17, 2024

Even if Batson covers the national origin or if the category of Russian-American qualifies as an ethnicity, there is no precedent from the Supreme Court that clearly requires a court to conduct and make findings regarding … While the omission of an “obviously valid” or clearly meritorious Batson claim can constitute ineffective assistance, see, e.g., Eagle v.

Poultry Processing, Inc. v. OLD ORCHARD OCEAN PIER, CO.

780 F. Supp. 846 · District Court, D. Maine · Dec 11, 1991

The buyer’s prospectus clearly states “Total lease income for 1989 — $193,500” under “Income.” Ex. 2. … Neither Allen Hrycay nor Paul Golzbein are qualified to render expert opinions on the value of the Pier’s personal property.

United States v. Sullivan

544 F. Supp. 701 · District Court, D. Maine · Aug 4, 1982

Johnson was not qualified to operate the x-ray scanner. … It is true that the night clerk clearly and unambiguously consented to the search.

TESHOME v. MAINE STATE PRISON

District Court, D. Maine · Jan 14, 2021

“Section 1985 permits suits against those who conspire to deprive others ‘of the equal protection of the laws, or of the equal privileges and immunities under the law . . . .’” Soto-Padró v. Pub. Bldgs. … Plaintiff contends that his claim is supported because “the allegations so clearly raise the issue of inadequate care given the injuries described.” (Response at 5.)

Surfcast, Inc. v. Microsoft Corp.

6 F. Supp. 3d 136 · District Court, D. Maine · Mar 14, 2014

Clearly something “resides” on the desktop, but the sentence could either mean that the grid resides there or that the tiles do. … In SurfCast’s view, this language establishes that when the patent uses the phrase “array of tiles” it means “multiple tiles displayed in an orderly fashion.” Id. b.

FULLER v. WVMF FUNDING LLC

District Court, D. Maine · Dec 18, 2024

Defendants’ bare assertion that it held a “valid” mortgage-based title to the property at the time Finch was decided is clearly contrary to the established pre-Finch precedent. … It was unreasonable for Defendants to continue attempting to collect payments on a mortgage that controlling case law clearly rendered unenforceable.

United States v. Boedigheimer

295 F. Supp. 3d 912 · District Court, D. Maine · Mar 7, 2018

With this context in mind, it is clearly evident that Friedberg misspoke by unintentionally leaving out the word "not" when he asked for a guilty verdict. … The conviction on Count 3 established that the Government had proven beyond a reasonable doubt that Boedigheimer made a material false statement to an IRS agent concerning Lusk's "employment" at his law firm.

AQUILA, LLC v. City of Bangor

640 F. Supp. 2d 92 · District Court, D. Maine · Aug 3, 2009

City’s SMF ¶¶ 43-44; Aquila’s Opposing SMF ¶¶ 43-44 (admit, qualify). The question is whether Aquila can now recover this amount from the City as damages for breach of contract. 1. … Because neither party has attempted to show these rulings are "clearly erroneous or contrary to law,” the Court does not address them. 28 U.S.C. § 636 (b)(1)(A). 2 .

WEDDLE v. DEGNER

District Court, D. Maine · Mar 21, 2025

(Addendum at 3.) 9 For example, Petitioner argues that the state’s expert was not qualified. … Petitioner failed to establish deficient performance by counsel on those issues.

Rooney v. Sprague Energy Corp.

519 F. Supp. 2d 110 · District Court, D. Maine · Oct 4, 2007

Sprague is clearly correct. Regarding the discovery issue, Mr. … There is no need for Sprague to establish that he admitted it previously. If Mr.

DIXON-TRIBOU v. MCDONOUGH

District Court, D. Maine · Jul 13, 2022

One portion of DSOF ¶ 68 that she clearly denies is that she had sole control over the air conditioning unit, but she fails to provide record support for that proposition. … The Defendant does not dispute that the Plaintiff had a qualifying disability or that she was qualified to perform the essential functions of her job. Def.’s Mot. 17.

MUSTO v. LIBERTY INSURANCE CORPORATION

District Court, D. Maine · Nov 21, 2021

Liberty Mutual, on the other hand, argues that the appraisal process was valid and that the amount of loss established by the appraisal award is binding. See Defendant’s MSJ at 9-12. … Accordingly, an award should not be vacated unless it clearly appears that it was made without authority, or was the result of fraud or mistake, or of the misfeasance or malfeasance of the appraisers.” 15 Steven Plitt

REYNOLDS v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER

District Court, D. Maine · Feb 7, 2021

The plaintiff contends that the ALJ was not qualified to interpret the results of her sleep study and that the medical evidence establishes that she is “suffering from significant sleep deprivation” regardless of whether … Both also described the plaintiff’s condition as “severe now [with] recent onset of [right upper extremity] brachial neuritis thought to be viral/immune mediated but likely will resolve or significant recovery over 6-9

General Motors Corp. v. Darling's

324 F. Supp. 2d 257 · District Court, D. Maine · Jul 13, 2004

Under the terms of the Sales and Service Agreement, Darling’s is required to perform warranty repairs on qualified vehicles at the owner’s request. … This is clearly not a viable suggestion. Large numbers of warranty reimbursement claims are made by Maine dealers each year.

Sylvester v. Cigna Corp.

369 F. Supp. 2d 34 · District Court, D. Maine · May 9, 2005

[A]fter clearly breaching its contractual obligations to the subscriber, [CIGNA] then knowingly sent via U.S. mail a false Explanation of Benefits stating that the allowed cost was $1000, while it concurrently sent a Remittance … In short, the Court has no reason to doubt that Plaintiffs’ Counsel is qualified and has the necessary experience to represent the Class in this matter.

ROBINSON v. STATE OF MAINE

District Court, D. Maine · May 19, 2025

The court then polled each juror as to whether the juror found that Petitioner had a prior qualifying conviction. All twelve jurors said yes. … with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim− (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly

United States v. Ruzicka

331 F. Supp. 3d 888 · District Court, D. Maine · Aug 1, 2018

In other words, "a party may qualify as a victim, even though it may not have been the target of the crime, as long as it suffers harm as a result of the crime's commission." Id. ; see also Moore v. … Nelson clearly testified that he and the auditors told Austin about the issuance of the restricted stock "at the very beginning": Q.

BAILEY v. DEJOY

District Court, D. Maine · Mar 8, 2022

Corp., 460 U.S. 1, 12 n.14 (1983), but “as a rule courts should be loathe to [revisit a prior decision in a case] in the absence of extraordinary circumstances such as where the initial decision was ‘clearly … Bailey from raising performance review related claims for the first time before this Court, even if she could qualify for relief. Id. at 37-38. B.