Case law

VIOLETTE v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER

District Court, D. Maine · Jun 1, 2020

First, as the plaintiff’s counsel asserted at oral argument, 4 The commissioner observes that “‘a diagnosis . . ., standing alone, does not establish the severity of the disease nor the limitations that result for a particular … The ALJ concluded that, “[w]hile the [plaintiff] clearly has some intellectual deficits, his present abilities and score in the borderline intelligence range generally support an ability to perform simple, unskilled tasks

MARCHESE v. TRIGRAM EDUCATION PARTNERS LLC

District Court, D. Maine · Feb 7, 2024

Marchese argues that relatedness and purposeful availment are established for both Ample Luck and Dr. … In this context, Ample Luck’s efforts to secure funding would appear to qualify as actions “directly or indirectly in the interest of an employer in relation to an employee.” 29 U.S.C. § 203(d).

AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION v. US CITIZENSHIP AND IMMIGRATION SERVICES

District Court, D. Maine · May 31, 2022

Denial notices do not announce new interpretations of law or establish agency policy. (Id.) … “A predecisional document will qualify as ‘deliberative’ provided it (i) formed an essential link in a specified consultative process, (ii) reflects the personal opinions of the writer rather than the policy of the agency

Pacheco v. Honeywell, Int'l Inc.

289 F. Supp. 3d 1011 · District Court, D. Maine · Jan 31, 2018

The burden of establishing the four Dataphase factors lies with the party seeking injunctive relief. Watkins , 346 F.3d at 844 . A. … Even if he qualified for a state subsidy, assuming it remains available, he would be required to spend much of his Honeywell pension on replacement healthcare coverage. ( Id. ) He notes that if his healthcare benefits are

DOANE v. REGIONAL SCHOOL UNIT NO 73

District Court, D. Maine · Jul 14, 2022

The IEP Team also established a schedule for the delivery of certain services and refined certain academic goals. … The IDEA clearly placed authority in the IEP Team to determine the appropriate IAES placement related to the special circumstances. Id.

BTL INDUSTRIES INC v. REJUVA FRESH LLC

District Court, D. Maine · May 7, 2025

As the party seeking injunctive relief, BTL bears the burden of establishing that the factors weigh in its favor. Esso Standard Oil Co. (P.R.) v. … Moreover, both parties submit 17 evidentiary support, including contradicting declarations from qualified experts on this issue. Cf.

DOE v. SMITH

District Court, D. Maine · Apr 10, 2025

The Intervenor discusses caselaw from the Supreme Court establishing that “[t]he First and Fourteenth Amendments clearly give the press and the public a right of access to trial themselves, civil as well as criminal … The Courthouse News Court also noted that the “parties agree that there is a qualified First Amendment right in the public to access newly filed complaints.” Id.

FLAHERTY v. UNUM GROUP

District Court, D. Maine · Nov 14, 2019

In her Complaint, Plaintiff asserted that her complaints on December 15, 2016 qualified as protected activity. (See Compl. ¶ 12-15.) … She clearly indicated that she was hoping to encourage management to think of “easier ways” to hold meetings when members of her team were teleworking. Id., PageID # 141; see also Harrison v.

Kennard v. Unum Life Insurance

211 F. Supp. 2d 206 · District Court, D. Maine · Jul 17, 2002

. § 1132 (a)(1)(B), (a)(3), and (g), alleging that they wrongfully denied benefits to which he was entitled under a long-term disability plan established by his employer. 2 Presently before me is defendant Unum Life Insurance … Unum’s denial letter states “[t]he December 2, 1999 treatment note clearly states Mr. Kennard injured his back after moving an object at work the previous day. According to our medical department, it is clear Mr.

Regional School Unit 51 v. Doe

920 F. Supp. 2d 168 · District Court, D. Maine · Jan 29, 2013

On appeal, the District argues that relevant rules do not establish that SM remained an eligible special education student at the time of his transfer, given that (i) state and federal regulations establish that a currently … address the status of a child who was once eligible for special education and was placed in a private school unilaterally by his or her parents and whose IEP expired during that time, see id., (iii) state and federal law clearly

NPG LLC v. CITY OF PORTLAND MAINE

District Court, D. Maine · Aug 14, 2020

would need to happen in order for Wellness to be denied a license,” including that at least twenty other applicants apply for licenses, that those applicants obtain conditional state licenses, that those applicants qualify … Such statutes “will stand ‘unless the burden imposed on [interstate] commerce is clearly excessive in relation to the putative local benefits.’ ” Id. (quoting Pike v. Bruce Church, Inc., 397 U.S. 137, 142 (1970)).

RATCLIFFE v. BRP US INC

District Court, D. Maine · Jun 5, 2024

BRP interposed a qualified response to PSAMF ¶ 70. DRPSAMF ¶ 70. … This is clearly permissible.

BOYLE v. BESSENT

District Court, D. Maine · Feb 14, 2025

“[T]he canon of strict construction of criminal statutes, or rule of lenity, ensures fair warning by so resolving ambiguity in a criminal statute as to apply it only to conduct clearly covered.” United States v. … Indeed, there is an “established, albeit illegal, interstate market” for marijuana. Id. at 18.

ST DOMINIC ACADEMY v. MAKIN

District Court, D. Maine · Aug 8, 2024

The Plaintiffs’ Motion for Preliminary Injunction In their motion, the Plaintiffs assert that “[a]fter Carson, it is clearly established that excluding religious schools from Maine’s tuition … The Defendants further submit that “when it comes to litigation, religious organizations do not have some sort of blanket immunity from relevant factual inquires.”

WEX INC v. HP INC

District Court, D. Maine · Jul 9, 2024

To qualify for the Butler Survey, respondents had to own, or be a full-time employee of, a company with fifty or more employees. Jd. § 2. … “The party seeking the preliminary injunction bears the burden of establishing that these four factors weigh in its favor.” Id. at 18.

In Re Compact Disc Minimum Advertised Price Antitrust Litigation

456 F. Supp. 2d 131 · District Court, D. Maine · Oct 2, 2006

Then the defendants would have been able to respond to a specific mail or wire transmission and admit or deny that it qualified under RICO. … In any event, the defendants' motions to dismiss clearly argue that Deep has failed to allege the necessary elements to satisfy a claim under both 1962(c) and (d). Record & Movie Cos.

NCTA - INTERNET & TELEVISION ASSOCIATION v. FREY

District Court, D. Maine · Mar 11, 2020

The State also notes that because the line extension requirement is clearly reasonable in some applications, its constitutionality can only be challenged on an as-applied basis, rather than a facial one. … As such, the channel placement requirements qualify as consumer protection laws.

LOBSTER 207 LLC v. PETTEGROW

District Court, D. Maine · Aug 30, 2023

dates, the question is whether Defendant has made out a prima facie case in the context of an exemption that contains exceptions for improperly maintained accounts and for funds that were contributed after an important qualifying … Because the Court can also order the turnover of assets for sale without assigning the asset a specific value, see infra Part F, on this record, the reasonable approach is to limit the turnover orders to those assets with clearly

OFFICIAL COMMITTEE OF UNSECURED CREDITORS v. CALPERS CORPORATE PARTNERS LLC

District Court, D. Maine · Oct 30, 2020

At that time, Berry Dunn did not qualify its opinion or question its going concern assumption concerning LPT. SOF ¶ 34. b. … In analyzing the “unreasonably small” provision in UFTA,25 the First Circuit explained that “unreasonably” is “clearly a relative term.” Barrett v. Continental Ill.

US BANK TRUST NATIONAL ASSOCIATION NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR VRMTG ASSET TRUST v. TENPENNY

District Court, D. Maine · Mar 7, 2023

Under Maine law, judicial estoppel applies if “(1) the position asserted in the subsequent legal action [is] clearly inconsistent with a previous position asserted; (2) the party in the previous action [has] … US Bank is correct that the 2006 mortgage qualifies as a “note[] or other evidence[] of debt issued by a bank.” See id.