Case law

TD Bank v. Cormier

Superior Court of Maine · Oct 2, 2018

Business records kept in the course of regularly conducted business may be admissible notwithstanding the hearsay rule if the necessary foundation is established "by the testimony of the custodian or other qualified witness … The custodian or qualified witness must establish the following: (a) The record was made at or near the time by---or from information transmitted by- - -someone with knowledge; (b) The

First Tracks Invs. v. Sunrise Schoolhouse

Superior Court of Maine · Apr 13, 2012

Defendants have not shown there was any qualified bidder looldng for the sale, or any qualified bidder who expressed interest, before or after the sale. See Fann. Credit qfAroostook v. Sandstrom, supra, 6.' … experienced auctioneer who no doubt would qualify to testify as an expet·t in such matters.

Davis v. Walpole Woodworkers

Superior Court of Maine · Jul 27, 2006

he returns from the qualifying leave. … Similarly, Davis' leave qualifies for protection under federal law.

Johnson v. Dunlap

Superior Court of Maine · Dec 23, 2009

In conducting a judicial review of the evidence presented by the record and additional evidence, the court is guided by two important principles established in Maine law. … In his brief, the Secretary asserts that he is in possession of evidence to establish receipt by the officials in due time.

Clean Energy For Me, LLC v. Maine Commission on Governmental Ethics and Election Practices

Superior Court of Maine · Jan 3, 2022

As discussed below, the documents are clearly relevant to the Commission's investigation. … The underlying investigation seeks to determine whether STC qualified as a PAC or BQC, and therefore whether STC violated Maine campaign finance laws by failing to register as such.

Owen v. Town & Country Federal Credit Union

Superior Court of Maine · Apr 27, 2023

Pursuant to that analysis: [A]n employee must first establish a prima facie case that (1) she has a disability; (2) she is otherwise qualified, with or without reasonable accommodations, to perform … Owen was not immediately terminated or issued written warnings in response to the credit score issue and the cited record does not clearly establish what Owen was saying or to whom.

Scott v. Androscoggin County Jail

Superior Court of Maine · Jan 14, 2004

Most of the defendants’ statements about Scott’s actions in jail are clearly not undisputed. … As a qualified individual, in order to state a claim under the ADA, Scott must establish: (1) that he was either excluded from participation in or denied the benefits of a public entity’s services, programs or activities,

U.S. Bank National Association v. Carney

Superior Court of Maine · May 16, 2018

Defendant clearly prevailed in this matter. Defendant's claim for attorney fees is timely pmsuant to M.R.Civ. P. 54(3). … Accordingly, Exhibit Eis not admissible or relevant to establish the conveyance or assignment of the mortgage interest of TD Bank, N.A.

Maine Equal Justice Partners v. Hamilton

Superior Court of Maine · Nov 21, 2018

Lazure clearly and credibly explained. That is the kind of fiscal challenge that the Legislature routinely deals with, and the Maine Legislature is set to convene again in December 2018. … Section 1582(1) states: "A state department may not establish a new program or expand an existing program beyond the scope of the program already established, recognized and approved by the Legislature until the program and

Francis Small Heritage Trust, Inc. v. The Town of Limington

Superior Court of Maine · May 30, 2013

However, the land that was rented to a "victualer" and a "riding master" for revenue "were clearly not occupied by the Association for its own purposes". … Likewise properties in private ownership which would qualify for a reduction in taxes under the Tree Growth or Open Space provisions would not, given their private ownership, qualify for the exemption afforded a charitable

Churchill v. The Aroostook Medical Center

Superior Court of Maine · Apr 29, 2022

("The initial burden under Rule 56 lies with the moving party to demonstrate clearly the absence of a genuine issue of material fact."). … S.M.F.) the nonmoving party must make statements that "admit, deny, or qualify" each item of the moving party's S.M.F, beginning each statement with the designation" Admitted," "Denied," or "Qualified."

Thompson v. Liberty

Superior Court of Maine · Jan 20, 2022

Accordingly, Thompson must establish the following, in order to recover under the MHRA: ( 1) that he is a qualified individual with a disability, (2) that he was excluded from participating in or denied the benefits of the … The Law Court has clearly held that "[a] state, including a state official in his or her official capacity, is not a person within the meaning of§ 1983 or the MCRA . . . ." Doe Iv.

Oshman Page, LLC v. Boothbay Region Water District

Superior Court of Maine · Mar 8, 2021

Hardship would clearly result to AMS if the court declined to issue a declaration of its rights. … Leaving aside the fact that the statute explicitly leaves enforcement of that section to the Department of Labor, this lawsuit does not qualify as an attempt to enforce a restrictive employment agreement.

American Martial Arts Found. v. City of Portland

Superior Court of Maine · May 31, 2002

Even if there is evidence that would support a contrary result, the findings should be upheld if not clearly erroneous. Harold D. Smith & Sons, Inc. v. Fin. Auth. of Maine, 543 A:2d 814, 816-17 (Me. 1988). … university, or other educational establishment, not necessarily a chartered institution.” BLack’s LAw DICTIONARY 461 (5th ed. 1979). 4 Assessor's decision was wrong.

Gallagher v. Penobscot Community Healthcare

Superior Court of Maine · Mar 21, 2017

The remedies and penalties expressly established in the MHRA arc indicative of the Legislature's understanding ! … Additionally, the Superior Court has found that the attorney-client relationship qualifies as a special relationship and that there was sufficient evidence of a special relationship between adoptive parents and an adoption

Gobeil v. Nadeau

Superior Court of Maine · May 25, 2017

Attorney Clifford's affidavit clearly contains assertions of fact and expert opinion testimony regarding both breach of the standard of care and causation of damages. … In fact, in their opposition to the motion to disqualify, Defendants represent to the court that they have hired a qualified expert witness to present the same or similar opinion testimony. (Defs. Opp'n to Mot.

Driscoll v. Fenderson

Superior Court of Maine · Jun 15, 2000

The burden is on the moving party “to establish by a preponderance of the evidence that, since the prior custody order, there has occurred a change in circumstances sufficiently substantial in its effect on the best interests … Under the clearly erroneous test, “a lower court’s findings of fact will stand “unless they clearly cannot be correct because there is no competent evidence to support them.’”

Lane Constr. Corp. v. Town of Washington

Superior Court of Maine · Mar 31, 2005

Shikles, 427 A.2d 460 (Me. 1981), in favor of its position that a use that goes hand-in-hand with or is integral to a principal use qualifies as a permissible accessory use. … In its opposition to Lane’s brief, LAW concedes that Lane established that a rock crusher is customarily found near a quarry.

Portland Water District v. Inhabitants of the Town of Standish

Superior Court of Maine · Nov 14, 2005

Chapman's affidavit should be deemed admitted because the District merely objected to them and did not specifically admit, deny or qualify them as required by M.R. Civ. … These minutes tend to establish that an eight-rod-wide road was voted established according to a plan of that date, where the six-rod-wide Northeast Road now runs.

O'Shea v. O'Shea

Superior Court of Maine · Feb 28, 2020

What qualifies as "full and adequate" consideration is not explained. … A claim under the MFTA exists in this case only if Kelley could establish that (1) the Trusts qualify as a creditor; (2) Rita was a debtor vis-a-vis the Trusts; and (3) either (a) Rita transferred assets with actual intent