Case law

McCue v. Enterprise Rent-A-Car Company

Superior Court of Maine · Mar 16, 2020

Courts strictly construe such releases against the party seeking immunity from liability. Emery Waterhouse, 467 A.2d at 993. … MacKenzie argues that the exculpatory clause is enforceable because it '"clearly and unequivocally reflects a mutual intention,' see Emery Waterhouse, 467 A.2d at 993, to preclude liability for MacKenzie as a result of

Everest v. Leviton Manufacturing Company

Superior Court of Maine · Jan 13, 2006

"The party seeking certification bears the burden of demonstrating under a 'strict burden of proof' that all of the requirements of Rule 23 are clearly met. I " Millett v. Atlantic Richfield Co. 2000 Me. Super. … There is no dispute that Plaintiff's counsel are sufficiently experienced and qualified to conduct this litigation as a class action suit.

Vargas v. Riverbend Management, LLC

Superior Court of Maine · Mar 21, 2023

("OSMF") ,r,r 45-6 3 (qualifying the statements by specifying that Mosely yelled "Fuck you, niggers!"). … Second, the statutory scheme clearly contemplates vicarious liability of employers.

Leighton v. Title Pro, LLC

Superior Court of Maine · Aug 16, 2017

Based on the uncontroverted facts, there was clearly never an agreement to list Mrs. Leighton as an insured at the time of closing. Even though a request was later made to add Mrs. … Regarding the last element, general feelings of being upset as not substantial enough to qualify as emotional distress.) Id.

Going v. Smith

Superior Court of Maine · Apr 17, 2014

Dated: H 2 Attorney Bergen also asserts that he is immune from liability to Mr. Going. It is unnecessary to reach the issue of attorney immunity, however, as Mr. … Clearly, the court found that Lapre! was not baseless. In addition, post-trial and appellate remedies have not yet been exhausted in the Lapre! action.

Steelstone Indus., Inc. v. McCrum

Superior Court of Maine · Jun 1, 2001

obligations, and the Debtor having offered no evidence to the contrary to indicate that his $75,000.00 IRA account was reasonably necessary for his and his dependent’s support, this Court finds that the Debtor’s IRA account established … A factual determination is clearly erroneous only if there is no competent evidence in the record supporting it. Citizens Sav. Bank v.

Vargas v. Riverbend Management, LLC

Superior Court of Maine · Jul 3, 2023

("OSMF") ,r,r 45-6 3 (qualifying the statements by specifying that Mosely yelled "Fuck you, niggers!"). … Second, the statutory scheme clearly contemplates vicarious liability of employers.

Hersom v. Liberty Mut. Group

Superior Court of Maine · Jan 4, 2008

Hersom purchased the camp on a date not clearly revealed in the record. The structure is located on land leased from a third-party and abuts a lake or pond. … The evidence establishes that Hersom, her father, her son and Weston's wife, Roxanne (one of Hersom's sisters), had keys to the camp.

Maine State Bd. of Nursing v. Lanning

Superior Court of Maine · Mar 26, 2003

Properly qualified; capable. 2. Adequate for the stipulated purpose; sufficient.” … The defendant has clearly stated to the court that this circumstance would warrant additional continuing education were she to be reinstated.

Pushard v. Riverview Psychiatric Center

Superior Court of Maine · May 17, 2019

Riverview moved to dismiss Count It arguing that it was barred by sovereign immunity and that Pushard failed to exhaust his administrative remedies in seeking payment of the wages allegedly due to him. … Because her second email was addressed to people "who were already (or who easily could have become) aware of the problem [it] was clearly not intended to expose a potential illegality.

Barth v. Town of Waterboro

Superior Court of Maine · May 27, 2020

Article I, Section 19 provides: "Every person, for an injury inflicted on the person or the person's reputation, property or immunities, shall have remedy by due course oflaw; and right and justice shall be administered freely … The March 8th Order clearly stated a hearing would be scheduled in this matter on the first date available after July 5, 2019, the date plaintiffs reply brief was due.

Richman v. Possibilities Counseling Svs., Inc.

Superior Court of Maine · Jul 18, 2012

~ 36, as qualified.) … S.M.F. 8  ~ 4, as qualified by PCS S. Opp'n M.F. ~ 4.)

Washburn v. State Tax Assessor

Superior Court of Maine · Apr 29, 2011

Church of Scielltolop,y only establishes that "return information" that does independently identify a specific taxpayer cannot be deprived of its statutory protection by redacting "return information" that does identify … Unlike the 1975 memorandum, however, these Reference Manuals clearly do contain some taxpayer-specific information.

State of Maine v. Glidden

Superior Court of Maine · Apr 2, 2015

Had Detective Jacques not qualified this statement, the undersigned might be more inclined to grant defendant's motion to suppress. … This understanding was evidenced by her qualified response that she would answer some of the questions posed by the Detective.

Drug Rehabilitations, Inc. v. Dep't of Health and Human Svs.

Superior Court of Maine · Dec 15, 2011

The PNMI' s qualified staff shall teach attitudes, skills, and habits, conductive to facilitating the member's transition back to the family and community. … Fortin [DHHS's Attorney]: We've established that it's not clear from the regulations that bed hold days should be included in the counting of that twelve month period but it's not clear that they should be excluded. Mr.

Ogen v. Alexander

Superior Court of Maine · Aug 17, 2021

Holmes, 2019 ME 84, 1 16, 208 A.3d 792; see also Maine Civil Practice§ 56:6 at 242 ("[t]he initial burden under Rule 56 lies with the moving party to demonstrate clearly the absence of a genuine issue of material fact") … A: Yes." ~ Defendant attempts to qualify this fact by denying "any inference that he does not also look at the levers when he operates the Lull", (Def.'

Goodrich v. Bd. of Trustees of Maine Pub. Employees Retirement Sys.

Superior Court of Maine · Mar 17, 2011

Such an interpretation is clearly in conflict with the plain language of the statute. … The legislature has clearly stated its intent regarding the broad purposes underlying MPERS's existence: It is the intent of the Legislature to encourage qualified persons to seek public employment and to

State of Maine v. Smith

Superior Court of Maine · Jan 16, 2009

The State bears the burden of establishing by a preponderance of the evidence that the warnings were not required. See State v. Friel, 508 A.2d 123, 127 (Me. 1986) (citations omitted). … Rothenberg is not a psychiatrist and there is no record evidence that she is qualified to diagnose or make a psychiatric assessment of anxiety.

Eye Care & Eye Wear Center of Maine v. Enables It, Inc.

Superior Court of Maine · Nov 16, 2015

On the other hand, not every service can be said necessarily to be subject to standards of practice so clearly and widely established as to justify imposing an independent, extra- contractual duty of care to avoid economic … However, the loss of computer data is a loss of intangible property-information-that does not qualify as physical damage to tangible property for purposes of imposing liability for ordinary negligence.

Lunny v. H. A. Mapes, Inc.

Superior Court of Maine · Aug 31, 2011

The agreement between Mapes and Lunny clearly qualifies at least under subsection C, in that Lunny was granted the right to occupy premises owned by Mapes. 6 products he … As Mapes's memorandum establishes, the Code does not apply to the contract, except for the benefit of third parties under Article 9.