Case law

Demoranville v. Rose

Superior Court of Maine · Apr 27, 2012

Because the plaintiff did not admit, deny, or qualify each allegation 'in the defendant's statement of material facts, they are deemed admitted. … Clearly, the defendant believed that Ms. Beaulieu worked for the farm as an independent contractor, and their dealings reveal that she was treated as an independent contractor for tax and payroll tax purposes.

The Witham Family Limited Partnership v. D.B.L. Enterprises, Inc.

Superior Court of Maine · Aug 30, 2019

To survive a defendant’s motion for summary judgment, the nonmoving plaintiff must demonstrate that 16 Of defendants’ 67 supporting material facts, WFLP denied 12 facts and qualified 16 facts, denying some of the qualified … WFLP argues the buyout formula is ambiguous because the terms are not clearly defined. WFLP argues the buyout provision of Section 10.3 uses “gross revenues,” which is different from “gross room revenues.”

Olesen v. Maine Med. Ctr.

Superior Court of Maine · Sep 4, 2013

been avoided absent the negligent act, is insufficient to establish causation. … In Merriam, the following expert testimony was offered: Clearly pelvic inflammatory disease, even the classic sense, severely impairs the patient's ability to have children.

Snow v. Corliss

Superior Court of Maine · May 14, 2024

[was] openly used in a manner constituting a <quasi-easement,= as existing conditions on the [conveyed] land that are apparent and observable and the retention of which would clearly benefit the land … In most instances, proof of objective symptoms will require expert testimony to establish that the plaintiff's emotional injury qualifies for a diagnosis such as shock, post-traumatic stress disorder

Greene v. Maine State Ret. Sys.

Superior Court of Maine · Aug 16, 2002

Greene became a service retiree, he was no longer a member of the System and only members of the System could qualify for disability benefits. … The record clearly indicates the information and documentation provided to the Bureau of Mental Health, petitioner's employer, including election forms and informational sheets.

Libby v. Edwards

Superior Court of Maine · Feb 27, 2007

The defendants have counterclaimed, also seelung declaratory judgment to establish their right title and interest to the lots in question. … The lots in question, 22B and 23 are clearly delineated on a plan for Underwood subdivision. (Plaintiff's Exhbit 2) There is no dispute concerning their location or boundaries.

Currie v. Indus. Sec., Inc.

Superior Court of Maine · Mar 17, 2005

Varga responded clearly that the men were legal and that they had work permits. … However, Varga clearly told the Plaintiff that the Canadians were legal.

Gaudette v. Mainely Media, LLC

Superior Court of Maine · Oct 26, 2015

Wainwright, 2004 ME 53, ,-r 7, 847 A.2d 1169 (stating attorney's statements to the media on behalf of their client "clearly amount[ ed] to petitioning activity"). … If the nonmoving party fails to establish both prongs, the court must grant the special motion to dismiss.

Penobscot Nation v. Maine Harness Racing Comm'n

Superior Court of Maine · Apr 2, 2004

FACTS The facts are well established in the rather extensive record which has been duly filed by MHRC. … Section 271(1) is clearly intended to avoid the change of a licensee’s ownership without the prior approval of the MHRC.

Nash v. State of Maine

Superior Court of Maine · Oct 17, 2022

Therefore, she has established a prima facie case of discrimination. … The Defendants have clearly met their burden by offering a substantial amount of evidence demonstrating that Nash was not chosen for the promotion largely based on her performance during her interview compared to Gagnon

Oliver v. Eastern Maine Medical Center

Superior Court of Maine · Aug 8, 2016

Remembering the story clearly captures a better assessment of Mr. … Oliver was clearly in a much better position than people without shelter or family support.

Moosehead Mountain Resort, Inc. v. Carmen Rebozo Foundation, Inc.

Superior Court of Maine · Apr 8, 2022

Even though Defendants failed to properly deny or qualify the Plaintiffs' assei:tion (see Def,'s Opp. … The Court has studied page 2 of the note and page 7 of the mortgage and not found any contract language establishing that purported requirement-the referenced language on those pages pertain to when certain events qualify

Vafiades v. Mike's Appliance Repair, Inc.

Superior Court of Maine · Nov 15, 2013

Pomerleau cannot establish that a failure to tighten caused the line to slip apart. … Unlike in Green, where all ofthe facts undercut the expert's theory, the facts here do not clearly point to alternative theory of the case.

Morgan v. Townsend

Superior Court of Maine · Oct 27, 2021

However, the Court noted that additional language added as “qualifiers” can tighten the restriction. … First, the type of full-time, short-term rental use at issue here and which is increasingly prevalent in Maine falls in a grey zone between clearly residential—such as long-term or seasonal leases—and clearly commercial—such

Fogg v. Town of Eddington

Superior Court of Maine · Dec 31, 2001

Although Fogg objected to Roderick's motion to intervene in this proceeding, Roderick clearly has standing. See Rowe v. … Title 30-A M.R.S.A. § 2691 establishes the procedure controlling proceedings before municipal zoning boards of appeal.

Braley v. Chepren

Superior Court of Maine · May 8, 2000

It is to be noted that the Court accepted him as a person qualified by education, training and experience to offer opinion evidence. … In this Court’s view this case falls within the doctrine most clearly announced by Qualey v. Fulton, 422 A.2d 773 (Me. 1980). In State _v.

Fernald v. Town of Elliot

Superior Court of Maine · Mar 4, 2006

Fernald has the burden of establishing that the evidence compels a contrary conclusion. Herrick v. Toeon of Mec/zanic Falls, 673 A.2d 1348, 1349 (Me. 1996). … Auto Graveyard The Ordinance clearly distinguishes between an auto repair garage and a auto graveyard.

Seagull Condo Ass'n v. First Coast Realty & Dev.

Superior Court of Maine · Jul 19, 2011

err 6, as qualified by Pl.'s Opp. S.M.F. err 6.) … Add'l M.F. 9I 126, as qualified by Def.'s Rep.

Jalbert v. Maine Public Employees Retirment System

Superior Court of Maine · Nov 16, 2015

Petitioner contends that she presented significant evidence establishing that she suffers from permanent disabilities associated with post-concussive syndrome, depression, and anxiety that render it impossible for her to … The Board, however, did not accept this clearly established argument and in so doing abused its discretion.

Eagleson v. Town of Kennebunkport

Superior Court of Maine · Apr 7, 2017

The proposed use, therefore, had to qualify as a use permitted in the RP Zone under Article 4.15. … Even when applied in this Rule SOB context, Edwards is inapposite because in that case the town had clearly voted to accept the dedication of a road whereas here there was no prior decision approving a conditional museum