Case law

Goldenson v. Steffens

802 F. Supp. 2d 240 · District Court, D. Maine · Aug 4, 2011

Steffens established Spring Mountain, Mr. … To qualify as “strong” within the intendment of [§ 78u-4(b)(2) ], we hold, an inference of scienter must be more than merely plausible or reasonable — it must be cogent and at least as compelling as any opposing inference

BOULIER v. BLAUVELT

District Court, D. Maine · Jul 9, 2025

Boulier argues his factual allegations establish he exhausted all “available” remedies to him. Id. III. … As later discussed, that edict contains one significant qualifier: the remedies must indeed be ‘available’ to the prisoner. . ..

DOYLE v. BABINE, COUNCILOR

District Court, D. Maine · Jun 29, 2021

“[A] non- prisoner litigant may qualify for [in forma pauperis] status after submitting an affidavit listing all assets and anticipated expenses and substantiating his inability to pay.” Emrit v. … The trust was established in the “Last Will and Testament of Marion A. Doyle.” (ECF No. 11-8.)

DREAM CAPITAL MANAGEMENT LLC v. DEUTSCHE BANK NATIONAL TRUST COMPANY

District Court, D. Maine · May 17, 2022

Greenleaf, 2014 ME 89, ¶ 7, 96 A.3d 700 (“Every plaintiff seeking to file a lawsuit in the courts must establish its standing to sue, no matter the causes of action asserted.”). … Sept. 11, 2013) (“As long as [the signor] purported to be a qualified representative of [the assigning entity] before a notary public, the assignment was valid under section 54B notwithstanding plaintiff’s argument to the

WE THE PEOPLE PAC v. DUNLAP

District Court, D. Maine · Jan 11, 2021

Rednour, 226 F.3d 851 (7th Cir. 2000), the Plaintiffs assert they “need only to establish that they are deprived of using the circulators of their choice,” which they have clearly done. Id. at 6. … The Court analyzes the four factors Plaintiffs must establish in turn. A.

CARL v. FIRST NATIONAL BANK OF OMAHA

District Court, D. Maine · Jun 15, 2021

A party opposing a motion for summary judgment must then file an opposing statement in which it admits, denies, or qualifies the moving party’s statements, with citations to supporting evidence, and in which it may set … The FCC further instructed that “callers may not abridge a consumer’s right to revoke consent using any reasonable method,” and “consumers may revoke consent in any manner that clearly expresses a desire not to receive

Good v. Altria Group, Inc.

436 F. Supp. 2d 132 · District Court, D. Maine · May 25, 2006

The FTC established its own testing lab to measure tar and nicotine yields and the testing results were published in the Federal Register. DSUF at ¶ 39, 52; POSMF at ¶ 52. … In other words, if claims require a showing that Defendant’s advertising or promotions should have included additional, or more clearly stated, warnings, these claims are pre-empted. Id.

PAPKEE v. MECAP LLC

District Court, D. Maine · Feb 18, 2022

Davis routinely cut checks to this contractor for multiple concurrent projects without invoices and without clearly stating what the funds were for, some of these checks may have encompassed payments made to … She has established that she engaged in protected activity. See Bodman v. Me. Dep’t of Health & Hum. Servs., 720 F. Supp. 2d 115, 124–25 (D.

HALL v. PRESIDENT AND TRUSTEES OF BATES COLLEGE

District Court, D. Maine · Dec 7, 2022

Clearly, it could be relevant if Mr. Hall is able to establish at trial that Bates’ treatment of him is consistent with Bates’ admitted history of structural racism. … Hall’s contract qualified as an adverse action. Though the Court concludes that Mr.

SIERRA CLUB v. UNITED STATES ARMY CORPS OF ENGINEERS

District Court, D. Maine · Jul 26, 2022

Army Corps of Engineers, 968 F.2d 1438, 1458 (1st Cir. 1992) (upholding district court’s decision to exclude from the administrative record a draft letter because “the draft letter is clearly protected from disclosure by … basis for blanket exclusion because the relevance of deliberative documents and decisionmakers’ motivations is governed by conditional rather than categorical rules; (3) the deliberative process privilege is qualified

Canadian National Railway Co. v. Montreal, Maine & Atlantic Railway, Inc.

786 F. Supp. 2d 398 · District Court, D. Maine · Apr 1, 2011

It argues additionally that “[n]ot only did CN fail to establish BAR’s mistake; it failed to establish its own intent.” Id. at 4 (emphasis in original). In so doing, it dismisses Mr. … Issue, not claim preclusion appears more clearly applicable.

OfficeMax Inc. v. County Qwick Print, Inc.

751 F. Supp. 2d 221 · District Court, D. Maine · Mar 17, 2011

Rattray said that he looked in the newspaper for other work but the only available employment either low-paying retail jobs or work, such as social work, that he was not qualified to perform. Id. 259:19-260:2. … Grp., 2001 WL 1736572 , at *4-5 (holding that the language of the purchase agreement “clearly indicates an intent to assign the entirety of the employment contract to [the purchaser]”).

BOYNE USA INC v. STARR SURPLUS LINES INSURANCE COMPANY

District Court, D. Maine · Jan 31, 2025

Count II – Maine Unfair Claims Settlement Practices Act Boyne argues that, contrary to SHU’s assertions, SHU qualifies as an “insurer” for the purposes of Count II under both the relevant statutory language and Maine … First, the language facially contemplates multiple persons potentially qualifying as an “insurer” in a given transaction through its use of “every person,” as opposed to a more limiting article like “a” or “the.” 24-A

HARRIS v. DRAKE

District Court, D. Maine · Jan 29, 2020

Piper Aircraft Corp., 615 F.2d 606, 613 (4th Cir. 1980) (“Unless a proposed amendment may clearly be seen to be futile because of substantive or procedural considerations, conjecture about the merits of the litigation should … ordinance, regulation, custom, or usage . . . subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

PLOURDE v. REDINGTON-FAIRVIEW HOSPITAL

District Court, D. Maine · Mar 10, 2021

Plourde properly named the town of Skowhegan, to establish liability against the Town, Mr. … A complaint or claim is “factually frivolous only if the facts are clearly baseless, a category encompassing allegations that are fanciful, fantastic, and delusional.” Denton v.

In Re New Motor Vehicles Canadian Export Antitrust Litigation

350 F. Supp. 2d 160 · District Court, D. Maine · Dec 8, 2004

I conclude that the alleged conspiracy could qualify as an “unfair practice” in violation of the MMPA under the Missouri regulation. 49 But in Duvall v. … Tungate’s standards for establishing deception are therefore not pertinent. 41 .

HIGGINS v. HUHTAMAKI INC

District Court, D. Maine · Aug 30, 2024

Nor does a state trial court’s ruling qualify as an intervening change in law . . . .”). … Because “[t]he right to be free of contamination to the municipal water supply is clearly a right common to the general public,” interference with that right was a public nuisance, and the plaintiffs established a special

Glenwood Farms, Inc. v. O'Connor

666 F. Supp. 2d 154 · District Court, D. Maine · Oct 14, 2009

Glenwood’s interest clearly weighs in favor of exercising personal jurisdiction. … response to the plaintiffs argument that his conduct did not interfere with the district court’s ability to render an impartial decision, the Aoude court explained that “[t]he failure of a party’s corrupt plan does not immunize

KULIS v. WINN

District Court, D. Maine · Sep 19, 2019

Furthermore, the persuasive evidence established that the value of Lot 39, and thus the parties’ interests, would be impaired if a physical division were feasible and ordered. Mr. … While both appraisers presented as experienced and qualified to opine on the value of Lot 39, they clearly viewed the property differently.

LENNAN v. HEALTHCARE SERVICE GROUP INC

District Court, D. Maine · Feb 17, 2022

A party opposing a motion for summary judgment must then file an opposing statement in which it admits, denies, or qualifies the moving party’s statements, with citations to supporting evidence, and in which it may set … Gagnon asked Goscinski to let her know “the status . . . on moving [Lennan] out of [the] building,” suggesting that a “plan” was needed “because clearly this [was] becoming a much larger issue.”