Case law

Collins v. State of Maine

Superior Court of Maine · Dec 6, 2013

In fact, he qualified statements 2-7, 10 and 15. However, he failed to cite to anywhere in the record where his qualification is supported. … While the financial interests of the State might not otherwise trump the interest of a prisoner whose health is truly at risk, in this case the State's financial interests clearly outweigh the medical interests of Collins

Hayden-Tidd v. The Cliff House & Motels, Inc.

Superior Court of Maine · Sep 29, 2011

The United States Department of Labor has established that banquet service charges are not tips. See 29 C.F.R. 531.52 (2011). … Weare establishes that Cliff House has an automatically included tip. Purchasers of Cliff House packages are told that a 15 percent charge will be included in the packages. (Pl.'s S.M.F. ~ 25, as qualified by Def.'

Bitumar USA, Inc. v. Maine Dept. of Transportation

Superior Court of Maine · Aug 1, 2014

Bitumar may not be able to recoup these costs due to MDOT's sovereign immunity. Bitumar also fears that its clients will find new suppliers and would be unlikely to work with Bitumar in the future. Id. … MDOT also argues Bitumar has not presented concrete evidence of damages it will incur as a result of the REOB ban and that Bitumar has not established MDOT is entitled to sovereign immunity. Id. at 1S.

Drinkwater v. Town of Milford

Superior Court of Maine · Apr 18, 2003

The ZBA was clearly acting in an appellate capacity and did not engage in new examination of the substantive issues. … However, this does not qualify the Plaintiff as an abutter and therefore the minimal threshold requirement for abutters does not apply. See Lloyd Wells, 2001 ME at 4 (citing Sproul v.

Roux v. Gammon

Superior Court of Maine · Jan 6, 2011

<J[ 5, as qualified by Pl.'s Opp. S.M.F. <]I 5.) … «IT 22, as qualified by Def.'s Rep. S.M.F. «IT 22l On May 27, 2009, Gammon retained Defendant Jon Mason & Sons, Inc.

Androscoggin Savings Bank v. Barton Mortgage Corp.

Superior Court of Maine · May 13, 2019

Two Problems with Part Performance BMC next argues that on the facts alleged in its Counterclaim, the doctrine of part performance is "clearly applicable" as an exception to the statute of frauds. (Def s Opp. … In order to qualify as a trade secret, information must, inter alia, "[d]erive[] independent economic value ...." 10 M.R.S. § 1542(4)(A).

Menard v. Maine Handicapped Skiing

Superior Court of Maine · Nov 4, 2009

The Court noted the "specific reference in the membership release to the negligence of the parties seeking immunity" was a sufficient establishment of the parties' intent to extinguish the defendants' liability. … This sufficiently establishes the parties' intent to extinguish MHS' s liability as, even when strictly construed against MHS, the Waiver and Release clearly states with "the greatest particularity the intention of the

McLaughlin v. Superintending Sch. Comm., of Town of Lincolnville

Superior Court of Maine · Oct 24, 2002

Such conclusion by health authorities, publicly disclosed, clearly puts the Plaintiff on notice of some likelihood that the school conditions caused or contributed to the Plaintiff's situation. … The Maine Tort Claims Act is a legislative-created cause of action in the face of sovereign immunity by governmental agencies.

Tatlock v. Unemployment Ins. Commission

Superior Court of Maine · Feb 1, 2022

4 workplace, and for numerous subsequent misrepresentations," that this behavior "constituted an ongoing and culpable breach of her duties or obligations to the employer," and that it qualified … Tatlock expressed clearly that she had presented all evidence that she intended to and did not need more time.

Green Tree Servicing, LLC v. Cope

Superior Court of Maine · Mar 18, 2016

That factual finding was reviewed "by the clearly erroneous standard." Id. … The court made clear in Saunders that based on the language in the mortgage, MERS did not qualify as a mortgagee. Saunders, 2010 ME 79, <JI 11, 2 A.3d 289.

First Tracks Investments, LLC v. Murray, Plumb & Murray

Superior Court of Maine · Sep 8, 2014

Merrill's attorneys in the underlying suits, are clearly privy to Ms. Merrill's actions therein. … Mason was not a qualified bidder, nor was there any evidence that he was. (Id at 29.) Furthermore, after Mr.

State of Maine v. Roman

Superior Court of Maine · Aug 1, 2002

While it is the defendant's burden to establish financial inability to obtain counsel, State v. … Because the record provides no support for a finding that the statement at issue closely followed in time the startling or stressful event it addressed, the finding that it did so was clearly erroneous as was its admissicn

Briggs & Wholey, LLC v. Maine Unemployment Ins. Comm'n

Superior Court of Maine · Sep 2, 2015

"The burden of proof clearly rests with the party seeking to overturn the decision of an administrative agency." Seven Islands Land Co. v. … Under 26 M.R.S. § 1221, the Commission establishes and maintains an experience rating record for an employer. 26 M.R.S. § 1221(3).

Boutet v. Residents of the Town of Old Orchard Beach

Superior Court of Maine · Aug 19, 2016

residential units proposed for the Dunegrass Subdivision. 2 While the DEP Approval provides that Dunegrass Subdivision is divided into sections "A-Q," this appears to be in error as the Site Plan relied upon by the DEP clearly … Second, there is substantial evidence in the record supporting the Planning Board's determination that the Golf Course qualifies as dedicated permanent open space.

McCarthy v. Fisher

Superior Court of Maine · Jul 11, 2014

The existence of the authorization form and the deposition testimony of Robin McCarthy and Raymond LaBonte clearly demonstrate the existence of a factual dispute for trial as to whether, as part of the contract, Fisher … In this case the undisputed evidence is that it was Robin McCarthy, and not Edward McCarthy, who purchased services from NCS 9 Although those paragraphs were qualified in plaintiffs' SMF, the qualifications do not raise

State of Maine v. Boildard

Superior Court of Maine · Sep 24, 2019

Specifically, whether the backyard of a multi-unit apartment qualifies as "curtilage" for purposes of the Fourth Amendment. … It is well established that a person has a reasonable expectation of privacy in the "curtilage" of one's home.

PNM Construction v. LMJ Enterprises, LLC

Superior Court of Maine · Oct 15, 2018

There is a factual 2 Farm Credit purports to deny or qualify these facts, but does not "support each denial or qualification by a record citation" as required by M.R. Civ. P. 56(h)(3)-(4). … McHatten's deposition. 4 Fann Credit purports to deny or qualify these facts, but the record citation does not controvert the facts stated and merely confitms that "(cJontemporaneous with the execution of the Waiver, Fann

Quintal v. City of Hallowell

Superior Court of Maine · Feb 24, 2006

The letter also referenced the "preliminary investigation," which clearly refers to the plaintiff's activities in circulating a questionnaire. … On the other hand, the plaintiff argues that there should be no immunity for actions that he claims were intentional and taken in bad faith.

Perkins v. City Enterprises I

Superior Court of Maine · Nov 18, 2004

In his memorandum of law, however, Perkins does not dispute that Defendants are entitled to statutory immunity for any statements made in the information they provided to the Department of Labor in connection with the unemployment … Thus, although the Tortilla Flats meeting was not a formal peer review setting, such a setting is not required to establish a conditional privilege so long as the circumstances establish that there was a societal interest

Miller v. E. Maine Med. Ctr.

Superior Court of Maine · Mar 16, 2009

However, she and other female and male coworkers may be able to establish that the conduct created a hostile work environment. … The undisputed facts in this case clearly show that Miller did not suffer any adverse employment action. It is undisputed that Miller's employment at EMMC ended when she resigned.