Case law

United States v. Kilmartin

99 F. Supp. 3d 180 · District Court, D. Maine · Mar 25, 2015

Kilmartin argues that the statutory language “resulted in the death of any person” is ambiguous because it is unclear from the face of the statute whether a mailed item later used voluntarily by the recipient to kill himself qualifies … Indeed, the United States Constitution grants Congress the power “to establish post offices and post roads.” U.S. CONST, art. I, § 8.

Animal Welfare Institute v. Martin

588 F. Supp. 2d 70 · District Court, D. Maine · Nov 26, 2008

In addition to mandating that the Commissioner maintain a telephone hotline during trapping season, the Decree requires the Commissioner to rehabilitate any lynx injured by incidental trapping, establish a network of qualified … Defendants simply assert that this element is “clearly met.” Def.’s Opp’n at 11.

Ramirez v. DeCoster

142 F. Supp. 2d 104 · District Court, D. Maine · Jun 1, 2001

Material Terms Some things were clearly resolved in the first writing at the close of the February 21 day of mediation. … (No issue has been made of the clearly precatory agreement to give “consideration” to rehiring.)

Henderson v. Laser Spine Institute LLC

815 F. Supp. 2d 353 · District Court, D. Maine · Sep 28, 2011

Therefore, to establish personal jurisdiction over the Defendants, Mr. … On one end of the spectrum are defendants that “clearly” conduct business over the Internet.... At this end, personal jurisdiction is proper.

HALSEY v. FEDCAP REHABILITATION SERVICES INC

District Court, D. Maine · Mar 15, 2023

process, followed by judicial review under the Maine Administrative Procedure Act (“Maine APA”) and Rule 80C of the Maine Rules of Civil Procedure; (2) the Plaintiffs’ negligence claim fails because Fedcap is immune … So, for example, when the Plaintiffs belatedly learned of programs and services for which they qualified, they could have requested amendments to their family contracts to include those.

GLYNN v. MAINE OXY-ACETYLENE SUPPLY CO

District Court, D. Maine · Nov 5, 2020

Thomas Decl. ¶¶ 4, 6.6 Plaintiffs’ counsel point to their conduct in litigating this case as further evidence that they are qualified to represent the class. … proposed class counsel was not only inexperienced, but that their performance in the case “demonstrate[d] a failure to comply with the federal rules, and, more critically, apply federal legal principles when clearly

National Organization for Marriage v. McKee

666 F. Supp. 2d 193 · District Court, D. Maine · Oct 28, 2009

Valeo established the ‘major purpose’ test, which is used to determine whether a particular group must register as a political committee under federal election law.” … In Davis , the Court reviewed disclosure requirements in the Bipartisan Campaign Reform Act of 2002 and clearly laid out the standard that I apply here.

Berry v. WORLDWIDE LANGUAGE RESOURCES, INC.

716 F. Supp. 2d 34 · District Court, D. Maine · Jun 7, 2010

Having established the existence of a valid contract, the question becomes whether WorldWide breached this contract. See Poor v. … Berry should have qualified this statement and included the additional stressors to which Lt.

SHELTON

District Court, D. Maine · Mar 6, 2026

A defendant may raise a statute of limitations defense in a motion to dismiss only if the facts establishing the defense appear clearly “‘on the face of the plaintiff’s pleadings.’” Trans-Spec Truck Serv., Inc. v. … Servs., LLC, 23 F.4th 370, 377–78 (4th Cir. 2022) (finding that convenience fees qualify as an “amount” under the FDCPA). Mr.

OFFICIAL COMMITTEE OF UNSECURED CREDITORS v. CALPERS CORPORATE PARTNERS LLC

District Court, D. Maine · Jul 17, 2020

The Plaintiff has not established that McDonough’s use of the Payment of Debts test is unhelpful or unreliable. … Moreover, nowhere does Rule 702 state that an expert must be bound by uniform professional standards to be considered qualified.

DUFFUS v. MAINEHEALTH

District Court, D. Maine · Jul 14, 2025

Duffus’s condition worsened: “[He] was bedridden and fully impaired, unable to speak clearly, unable to move without assistance[,] and unable to feed himself.” Id. at 10, ¶ 45. … § 1395dd(c)(1)(A)(iii) (referring to “a qualified medical person (as defined by the Secretary in regulations)”).

KHAQAN v. TOWN OF BUCKSPORT

District Court, D. Maine · Feb 20, 2024

Supreme Court distinguishing municipal liability and immunity from suit, id. at 7-8, before asserting that he “has clearly alleged a municipal policy, practice, or procedure to deny [his] constitutional rights.” … from suit— either absolute or qualified—under § 1983.”

Levesque v. Doocy

557 F. Supp. 2d 157 · District Court, D. Maine · Jun 3, 2008

But he used the past tense (“I thought”) and qualified the statement with “almost.” … The statements of material facts do not explicitly establish that the Plagman piece falsely listed the Associated Press as a source.

STATE OF MAINE v. 3M COMPANY

District Court, D. Maine · Jul 26, 2023

This is because “[o]ne of the primary purposes of the removal statute— as its history clearly demonstrates—was to have such defenses litigated in federal court.” Id. (quoting Willingham v. … That is, the State will fail to establish its own case, which is premised on the existence of contamination from some non-AFFF source.

FRANCHINI v. GANNETT COMPANY INC

District Court, D. Maine · Sep 3, 2021

Thus, the Court first considers whether the record establishes a public controversy, and then turns to whether the record establishes that Plaintiff can be viewed either as having voluntarily injected himself … One of those positions, Staff Podiatrist, would clearly appear not to qualify as a public official under existing First Circuit precedent. See Kassel v. Gannett Co, Inc., 875 F.2d 935, 941 (1st Cir. 1989).

MAINE MARITIME ACADEMY v. FITCH

District Court, D. Maine · Sep 18, 2019

Fitch was a land-based employee who did not spend enough time working on the Training Ship to qualify as a seaman. The focal point of the dispute is whether Ms. … Fitch’s wages, the answer is clearly Sodexo. Sodexo hired Ms. Fitch and entered a collective bargaining agreement governing her employment. Sodexo recorded Ms. Fitch’s time and paid Ms.

MR F v. MSAD 35

District Court, D. Maine · May 21, 2021

Although Mother expressed that she did not want A.F. to receive special education services, Mother clearly wanted an evaluation that would shed light on A.F.’s disabilities. … The core of the IDEA “is the cooperative process that it establishes between parents and schools.” Schaffer ex rel. Schaffer v. Weast, 546 U.S. 49, 53 (2005).

MURRAY v. WAL-MART STORES INC

District Court, D. Maine · Dec 6, 2019

The Federal Rules require that I set aside the Magistrate Judge’s order only if it “is clearly erroneous or is contrary to law.” Fed. R. Civ. Pro. 72(a). … Murray has not shown that the order was clearly erroneous or contrary to law.

MR DOE v. REGIONAL SCHOOL UNIT 21

District Court, D. Maine · Mar 17, 2025

Turning to their legal arguments, Defendants contend, first, that there is no clearly established right of public access to documents filed in civil cases under the First Amendment. … At the same time, in Courthouse News, the First Circuit noted that the “parties agree that there is a qualified First Amendment right in the public to access newly filed complaints.” Id.

Gavrilovic v. Worldwide Language Resources, Inc.

441 F. Supp. 2d 163 · District Court, D. Maine · Jul 25, 2006

See Staples, 629 A.2d at 604 (upholding a jury verdict against a company for the defamatory statements of its employee where the evidence supported a finding of abuse of qualified privilege by the employee). … Although the compilation document in which Afzal's email appears, Joint Exhibit 22, has a header with the date of May 1, 2003, that header clearly does not belong to the Afzal email: it is in a different font, appears to