Case law

Gribizis v. Cray

Superior Court of Maine · Dec 8, 2011

The Defendants argue that there is a "legitimate doubt" as to the Plaintiffs' right to recover because it has not been established that Defendant Cray was at fault or that Mrs. … Rudina and William were domiciled together under a long-term relationship and may qualify as domestic partners. They also were later married.

CSG Properties, LLC v. Town of Windham

Superior Court of Maine · Aug 19, 2019

Consideration 10  during a pre-application meeting, staff review process or sketch-plan review shall not qualify an application as 'pending." … Thus, the "probability of the issuance of a permit approval" cannot establish a vested right to such approval.

State of Maine v. Wilson

Superior Court of Maine · May 15, 2017

At the end of the recitation of rights, the Defendant clearly invoked his right to counsel. … It is based on the well­ established concept that drugs cause observable signs and symptoms, affecting vital signs and changing the physiology of the body.

State of Maine v. Kanaris

Superior Court of Maine · Mar 20, 2019

Despite the above, the Herring Court also made clear that, "[w]e do not suggest that all recordkeeping errors by the police are immune from the exclusionary rule. … Diamond, 18 628 A.2d 1032 (Me. 1993) (affidavit was based on solely on 18 Johndro described Diamond clearly. The undersigned is excerpting the explanation below as it is apt here.

State of Maine v. Tibbetts

Superior Court of Maine · Jan 19, 2006

Testimony was also presented with respect to forest management plans in the context of woodlots qualifying for tree growth tax consideration. … It is clear that under our law a property owner is qualified to render an opinion as to the value of his or her property.

McDonald v. Scitec, Inc.

Superior Court of Maine · Jan 7, 2014

Courts that have considered a recovery of attorney fees under the Act have clearly found that fees incurred establishing the right to the commissions are recoverable. For example, in Gramercy Mills, Inc. v. … The record fails to establish the existence of any such qualifying sale between Teledex and Scitec.

Stone v. Northeast Publ'g Co.

Superior Court of Maine · Dec 1, 2003

Nonetheless, several days later, Lynch sent the plaintiff’s physician a form that would help establish if the plaintiff was protected under the FMLA. The physician responded that he dia not qualify. … Next, the evidence generates an argument that the plaintiff was qualified to continue his sales work for the defendant’s publication.

Halliday v. Henry

Superior Court of Maine · Dec 6, 2016

The Court noted that although the Hallidays might have attempted to establish a later accrual date by arguing that the runoff constituted a continuing nuisance, they had failed to do so. Id. <JI 9. … Margolin, the Court stated that the addition of a one-story high wooden struch1re in front of the building extending to the street line was clearly of the nature of a continuing nuisance, as it could be readily removed

Roque Island Gardner Homestead Corp. v. Town of Jonesport

Superior Court of Maine · Jun 3, 2020

This reallocation was made despite the submission of an aerial map clearly delineating the acreage in question (attached), that is used as pasture for sheep, cows and the growing of grass and hay. … Only after that was established were other areas to be valued on the basis of "just value."

Flippo v. L.L. Bean, Inc.

Superior Court of Maine · Feb 16, 2001

Petit, 117 F.R.D. 314, 316 (D.Me. 1987) (noting that plaintiffs bear the burden of establishing the right to maintain a class action). … To begin with, the court finds that class counsel is sufficiently qualified, experienced and generally able to conduct the litigation.

Britton v. Maine Department of Conservation

Superior Court of Maine · Jan 11, 2006

The facts before this Court are distinct and are not clearly controlled by prior case law. Furthermore, the test enunciated by the Law Court requires consideration of all the facts relevant to this case. … Further, the Donnells have established by the affirmative defenses of prescription and abandonment, the right to maintain their existing wharf.4 The Donnells have failed to establish the affirmative defenses

Maine Dep't of Health and Human Servs. v. Wood

Superior Court of Maine · Nov 25, 2014

Wood also does not qualify as an assisted obligor under the statute as he receives neither SSI nor public assistance for the benefit of a child. § 2302(1 )(A). … We also apply the rule ... that all statutes will be considered to have a prospective operation only, unless the legislative intent to the contrary is clearly expressed or necessarily implied from the language

Dr. William Coppola, Inc. v. Great Divide Insurance Co.

Superior Court of Maine · Apr 26, 2021

To survive a defendant’s motion for summary judgment, the plaintiff must establish a prima facie case for every element of the plaintiff’s cause of action. Oceanic Inn, Inc., v. … Negligent medical treatment certainly qualifies as an act or omission in the “rendering or failure to render services by the insured.”

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

Superior Court of Maine · Jun 9, 2011

Conference of Teamsters Pension Plan, 542 F.2d 1106, 1109 (9th Cir. 1976) (where employee made supplemental payment to pension plan at direction of plan administrator to qualify for early retirement benefits, but where … A remedy based upon these reliance-based expenditures would not offend the statute establishing the plaintiff's proper retirement class.

Merrill v. Bd. of Trustees, Maine Pub. Employees Retirement Sys.

Superior Court of Maine · Jul 29, 2013

The burden of proof in such a matter "clearly rests with the party seeking to overturn the decision of an administrative agency." Seven Islands Land Co. v. … It is further the intent of the Legislature to assist these persons in making provision for their retirement years by establishing benefits reasonably related to their highest earnings and years of service

Mahoney v. York Hosp.

Superior Court of Maine · Dec 3, 2014

York Hospital's allegations that Mahoney conspired to intimidate a witness have not been clearly proven, and the court declines to make factual inferences in defendant's favor. … Defendant argues that plaintiff cannot rely on temporal proximity alone to establish her case. See Ramirez Rodriguez v.

Murphy v. Maddaus

Superior Court of Maine · Sep 15, 2000

The terms clearly contemplate the continuance of the license until one of the four conditions in paragraph five occur. … The plaintiffs argue that the Order qualifies as a final judgment and they are entitled to have it enforced. II.

A & M Partners v. City of Portland

Superior Court of Maine · Oct 29, 2008

A&M contends that a state probation office qualifies as either a "general," "business" or "professional" office under section 14-182(b)(1). … The Ordinance (those portions provided as part of the record) does not list State or federal use of buildings in any zone although they are clearly present in a number of areas in the city.

Basha v. Cincinnati Incorporation

Superior Court of Maine · May 4, 2017

Krafchick's expert report is clearly stating that a pinch point is currently present on the Press with the bottom platen and fill adjustment shaft removed. … Matthews clearly conceded that distal swelling was not the probable cause of Plaintiff's carpal tunnel syndrome. Dr.

Town of Georgetown v. State of Maine, Bd. of Envtl. Protection

Superior Court of Maine · Jul 14, 2010

However, the Town did not change its defmition of "Developed area," which dates to 1993 and reads as follows: [A]s of 18 November 1993 which: include the actual specifIc developed area such as an established … Operty owners need to be parties to the proceeding--they are not parties to this appeal and they are clearly indispensable parties to any taking determination.