Case law

Moore v. Abbott

Superior Court of Maine · Mar 22, 2007

Under this standard, Petitioner's complaint was clearly timely. 2  Respondents' argument regarding insufficiency of service of process is also unavailing. … not qualify.

Necec Transmission, LLC v. Bureau of Parks and Lands

Superior Court of Maine · Oct 21, 2022

Here, both the wording of the Initiative and LD 1295 clearly and explicitly intend for changes in the law to apply retroactively. There is thus no question of Legislative intent. … Establish and maintain or use other rights-of-way.

Steele v. Maine State Retirement

Superior Court of Maine · Jan 31, 2008

Factual determinations must be sustained unless shown to be clearly erroneous. … Even if the existence of depression were clearly established, Dr.

Laing v. Clair Car Connection

Superior Court of Maine · Jan 30, 2003

Coastal Savings Bank, 1998 ME 81, J 10, 709 A.2d 733 (finding prior statements clearly contradicted statements in affidavit for summary judgment); Holden v. … The duty established pursuant to 10 M.R.S.A. § 1475(2-A) does not “immunize” the Defendant from liability on Counts I-III of the original Complaint.

Constr. Svs. Workers' Compensation Group Self-Ins. Trust v. Stevens

Superior Court of Maine · Apr 22, 2009

Stevens are immune from the lien because they are exempt under Maine's exemption statutes, specifically 14 M.R.S.A. § 4422(14)(E). … The two statutes should not be interpreted in a way that clearly frustrates the purpose of one of them.

Frost v. State of Maine Dept. of Transportation

Superior Court of Maine · Oct 7, 2005

The Maine Tort Claims Act modifies the scope of governmental immunity enjoyed by the sovereign from claims of tort (emphasis supplied). … But these issues do not address whether or not she has shown that she was objectively qualified for the job.

Sturtevant, Sr. v. Gifford

Superior Court of Maine · Jun 25, 2013

Upon the death or incapacity of the last of the siblings, the agreement required that the last sibling 1 In addition to qualifying as a contract to will under 18 M.R.S. § 2-701, the agreement also qualifies as a traditional … Thus, the Court will specifically enforce the agreement to effectuate an equitable result. 2 The facts fully, clearly, and convincingly 3 establish that Alfred Sr. only anticipatorily breached the contract

Budge v. Town of Millinocket

Superior Court of Maine · Jul 21, 2011

The amount of this pool will decrease annually as attrition and the pool of qualified retirees occurs on a dollar for dollar basis. … "It is not the town's burden to establish the actions of authority, but the plaintiff's burden to prove the authority." Id. at 294 (citing Van Buren Light & Power Co. v.

Rose v. Eastern Maine Medical Center

Superior Court of Maine · Dec 12, 2019

"[A]n employee must first establish a prima facie case that (1) [s]he has a disability; (2) [s]he is otherwise qualified, with or without reasonable accommodations, to perform the essential functions of [her] job; and ( … It is not irrefutable that the affidavit clearly contradicts her deposition testimony. Gillen v.

Rathmell v. Elston

Superior Court of Maine · Dec 18, 2020

Opinion testimony from a qualified expert is admissible where it "will help the trier of fact to understand the evidence or determine a fact at issue." M.R. Evid. 702. … The answer to this question is clearly yes. Throughout Dr. Dario's deposition he makes many statements that could be reasonably relied on by a jury to find that Dr.

Doe v. Fowle

Superior Court of Maine · Nov 16, 2006

The state defendants counter that the plaintiffs have no right to recover, whether the recovery is deemed restitution or damages, against the State, and that qualified immunity or prosecutorial immunity would protect officers … The state defendants advance a number of cases addressing the qualified immunity issue, despite the fact that the plaintiffs explicitly "seek their relief from the state defendants in their representative capacities, and

Burns v. Wayne-Dalton Corp.

Superior Court of Maine · Sep 17, 2009

Flynn is thus qualified to testify as to the general types and availability of safety mechanisms prevalent in the overhead garage door industry. B. … [ADW] clearly would know whether the door would be used with an operator, and had a duty to warn that the door should only be used with an operator with a safety mechanism ....").

Flik International Corp. v. State Tax Assessor

Superior Court of Maine · May 20, 2002

Finally, we read: The following may be licensed establishments : P. … ‘Qualified catering service’ means a catering establishment as defined in Title 22, chapter 562, and licensed by the Department of Human Services. 28-A M.R.S.A. § 2(15)(P).

Fournier v. Flats Industrial, Inc.

Superior Court of Maine · Oct 15, 2018

Flats does not dispute Claiborne is a qualified expert in business evaluation. … The Court thus finds the following undisputed facts have been established. Claiborne is a qualified expert in the field of business evaluation.

Maine State Hous. Auth. v. Riverview Apts. Ltd. Partnership

Superior Court of Maine · Mar 17, 2000

Plaintiff sent to Defendant an additional written notice of default dated April 13, 1998, which identified numerous additional defaults, including AGI’s failure to hire and maintain qualified staff, AGI’s failure to establish … Defendant's failure to refute Plaintiff’s detailed factual allegations that clearly establish a default under the mortgage and under the note for unacceptable management of the development entitle Plaintiff to judgment as

Shafran v. Cook

Superior Court of Maine · Mar 13, 2017

Defendant replied that he could not because he did not qualify under the office benefits guidelines and because of the incident with Dr. Sarka. Defendant told Ms. … She agreed at trial that he did not qualify for free treatment under the benefits plan because she and Mr. Grendel!

Schmidt v. Parkview Adventist Medical Center

Superior Court of Maine · Mar 8, 2016

s S.M.F. ,r 14 as qualified by Rand O.S.M.F. ,r 14.) Dr. … Schmidt, the summary judgment record also fails to conclusively establish that it was Dr.

Napier v. State of Maine, Dep't of Corr.

Superior Court of Maine · Nov 18, 2002

tells its reader, in part: Although in this respect, as in others, § 1367 could have been more clearly drafted, the tolling provision of (d) should be read as coming into play only if the court exercises its discretion … of the State... government,” id., subparagraph M; or an establishment "that in fact caters to, or offers its goods, facilities or services to . . . the general public."

Prunier v. Good

Superior Court of Maine · Feb 4, 2021

Publisher Defendants’ statements of material fact do not establish where Good obtained the information that Royal had dementia, but the information clearly did not come from the indictment. … The body of the article clearly reports that Prunier was indicted for one count of theft by deception. The article also clearly reports the crimes with which Harriman was charged.

Thurston v. Nguyen

Superior Court of Maine · Feb 11, 2015

Maine Rule of Evidence 702 establishes the standard for the admission of expert testimony. … This testimony is clearly contradictory: the statute cannot be the standard of care if there are additional and contrary requirements.