Case law

BATES v. THAYER

District Court, D. Maine · Dec 12, 2024

Regarding the new DNA evidence and the expert witness that Petitioner apparently argues trial counsel should have called to testify, the DNA evidence and expert opinion did not clearly implicate another suspect in a way … In these days of swift, widespread and diverse methods of communication, an important case can be expected to arouse the interest of the public in the vicinity, and scarcely any of those best qualified to serve

WILSON v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER

District Court, D. Maine · Aug 19, 2021

Although the ALJ acknowledged that the Plaintiff underwent surgery for her left shoulder impairment, “clearly suggesting that the symptoms were genuine,” the ALJ found that that the records reflected the surgery was successful … Although an ALJ is not precluded from “rendering common-sense judgments about functional capacity based on medical findings,” an ALJ “is not qualified to assess [RFC] based on a bare medical record[,]” Gordils v.

CHARETTE v. DINSMORE

District Court, D. Maine · Mar 19, 2025

.; or (2) seeks monetary relief from a defendant who is immune from such relief”)). Federal law requires a complaint to plead “enough facts to state a claim to relief that is plausible on its face.” … The Supreme Court has clearly held that vicarious liability does not apply to § 1983 suits, such that “a plaintiff must plead that each Government-official days after the Magistrate Judge’s recommended decision.

Knotts v. Nissan N. Am., Inc.

346 F. Supp. 3d 1310 · District Court, D. Maine · Oct 10, 2018

It markets, sells, and warrants vehicles, including 2012 Nissan Versas, through an established network of licensed dealers and distributors. ( Id. ¶ 18). … Here, Knotts clearly asserts his claim for unjust enrichment in the alternative. ( See Compl., Count VII ("Unjust Enrichment-Pled in the Alternative").)

MAINE FOREST PRODUCTS COUNCIL v. CORMIER

District Court, D. Maine · Feb 18, 2022

The Plaintiffs contend that “it is not within the State’s authority to determine the need for H-2A workers in Maine, a power clearly claimed by the federal government.” Id. (citing Toll, 485 U.S. at 10). … workers”; (3) whether “qualified U.S. workers are available”; (4) any “adverse impact of employment of a qualified alien”; and (5) “whether employment conditions, including housing, meet applicable requirements.” 8 C.F.R

E. Coast Test Prep LLC v. Allnurses.com, Inc.

309 F. Supp. 3d 644 · District Court, D. Maine · Jan 24, 2017

See Mangan , 834 F.Supp.2d at 205 ("[T]o qualify as a defamatory statement, the statement must be able to be proven true or false.") … In sum, Allnurses argued that the newly disclosed information about JustBeachyNurse was irrelevant and Allnurses' immunity under the CDA was not before the Court, as ATP admitted. Id. , pp. 7-8.

MERARD v. PYRAMID PORTLAND MANAGEMENT LLC

District Court, D. Maine · Nov 22, 2021

Merard says that “when [he] filed a charge with the Maine Human Rights commission the same attorney Ashley Schachter ESQ from the law firm Baker and Hostetler responded and clearly stated ‘that we represent the company … Merard was qualified to proceed in forma pauperis or that he was entitled to the benefit of service of process by the U.S. Marshals Service.

POWELL

District Court, D. Maine · Jan 29, 2026

The Petitioner interposed a qualified response, noting that she contends that the wrongful detention began on February 8, 2025 and continues. PRRSMF ¶ 1. … When the movant “has made a preliminary showing that there is no genuine issue of material fact, the nonmovant must ‘produce specific facts, in suitable evidentiary form, to . . . establish the presence of a

WILSON v. STATE OF MAINE

District Court, D. Maine · May 7, 2021

Washington is clearly established law for purposes of habeas relief under § 2254(d)(1). Cullen, 563 U.S. at 189 (“There is no dispute that the clearly established federal law here is Strickland v. Washington”). … The Court now considers whether Judge Stanfill’s conclusions “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law as determined by the Supreme Court

United States v. Ramirez

495 F. Supp. 2d 92 · District Court, D. Maine · Jul 3, 2007

Ramirez’s mental disease or defect is “clearly” severe. Id. Dr. … The non-responsive, “Yes,” clearly establishes reasonable doubt that Mr. [Ramirez] understood Question 10 well enough to answer with the “bad purpose” necessary for a § 911 conviction. Def. ’s Br. at 8-9.

OLD TOWN UTILITY & TECHNOLOGY PARK LLC v. CONSOLIDATED EDISON SOLUTIONS INC

District Court, D. Maine · May 29, 2020

improper because otherwise a bid team could become a finalist based on the qualifications of its initial team but then replace team members with subcontractors who had conflicts of interest or who were less qualified … The original complaint alleged racketeering activity spanning approximately two years, but it did not clearly enumerate the alleged predicate acts. See ECF No. 86 at 12–13.

BURR v. BOUFFARD

District Court, D. Maine · Jan 29, 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. … Burr does not have a protected interest in visitations, I have not addressed Defendants’ qualified immunity argument.

CURTIN

District Court, D. Maine · Jun 23, 2026

Still, it is incumbent upon the trial judge to “decide any preliminary question about whether a witness is qualified . . . or evidence is admissible.” Fed. R. Evid. 104(a). … Rule 32 states rather clearly the preference for live testimony at trial. Ms.

BAILEY v. DEJOY

District Court, D. Maine · Jan 13, 2022

(ii) She is qualified for the position= U.S. Citizen, GED, an entry level position [and] (iii) She suffered an adverse employment action.” Id. at 5. Ms. … Bailey’s request to add a Performance Rating Claim because she does not qualify for Chapter 43 protections and did not exhaust her administrative remedies. V.

MARCH v. FREY

District Court, D. Maine · Apr 28, 2020

In order for the Plaintiff to establish that either the Attorney General or the City is liable, he must establish a harm caused by a constitutional violation.13 I begin my analysis here. … March continued to speak at a level clearly audible to people passing by. The record also shows that Mr.

OLYMPIA HOTEL MANAGEMENT LLC v. BEND HOTEL DEVELOPMENT COMPANY LLC

District Court, D. Maine · Oct 27, 2020

The need for The Bend to travel from Illinois to Maine does not qualify. See id. … (“Where, as here, parties of substantial means are involved, cross- country travel ordinarily does not qualify as a special or unusual burden.”).

BEERS v. MENTOR ABI LLC

District Court, D. Maine · Dec 20, 2021

Courts presume that state statutes do not have extraterritorial application absent a statutory provision that clearly and explicitly states otherwise. Judkins v. Saint Joseph’s College of Maine, 483 F. … For example, a special relationship between parties can support a claim for negligent infliction of emotional distress, but in that context “[t]he employer-employee relationship does not qualify as a special relationship

IMS Health Corp. v. Schneider

901 F. Supp. 2d 172 · District Court, D. Maine · Sep 28, 2012

INTRODUCTION Under the law, the Plaintiffs in this case are clearly entitled to an award of attorneys’ fees against the state of Maine. … Puerto Rico, 247 F.3d 288, 295 (1st Cir.2001) (noting that the ruling in that case “clearly benefitted both the parties and the public as a whole”).

Lamoine School Committee v. MS Z. Ex Rel. N.S.

353 F. Supp. 2d 18 · District Court, D. Maine · Jan 4, 2005

Overview of the IDEA To qualify for federal funding under the IDEA, a state must offer “all children with disabilities ... a free appropriate public education.” 20 U.S.C. §§ 1400 (c), 1412(a)(1). … He clearly did not recommend returning N.S. to his community and a community-based program at this time.

RUDA

District Court, D. Maine · Aug 17, 2026

Here, the Court determines that, although USI may ultimately be able to establish that Mr. … Ruda to do something that clearly violated the law, it would be a breach of its employment contract with Mr. Ruda, even though the illegal act involved a third person. B.