Case law

Kohl's Dep't Stores, Inc. v. Liberty Mut. Ins. Co.

Superior Court of Maine · Oct 11, 2012

Thus, although the Law Court and the rule clearly indicate the common interest doctrine applies to co-defendants or parties with a common interest in the same litigation, the Law Court has not addressed whether an insurer … The party seeking to protect material from disclosure has the burden of establishing that it is work product. Springfield Terminal Ry. Co., 2000 ME 126, ,-r 15, 754 A.2d 353.

Thomsen v. Ward

Superior Court of Maine · Jun 4, 2012

Plaintiff qualifies this statement of fact. … The alleged agreement in this case does not reveal that it was the intent of the parties that it not be performed within one year and, the sale of the Inn clearly could have been sold within the year.

Voss v. Woodmaster of Maine, Inc.

Superior Court of Maine · Aug 12, 2005

Plaintiff relies on two grounds for the establishment of a violation of the UTPA, first, fraud, and secondly, violations of the warranty provisions of the Uniform Commercial Code (UCC). … Obviously, these amounts are not subject to cross-examination and the plaintiff does not qualify as an expert to render such an opinion. Therefore, there is no evidence presented by the plaintiff as to these costs.

Janicki v. John Bapst Memorial High Sch.

Superior Court of Maine · Oct 1, 2001

The relevant portions of the record on summary judgment establish the following facts. … In response to this assertion made by the movants, the plaintiff qualifies it by stating that the Therriaults’ letter “provided JBHS a venue in which to unlawfully terminate him from employment.” POSMF { 26.

Fissmer v. Smith

Superior Court of Maine · Sep 29, 2022

There may be room for debate as to whether some of Plaintiffs' uses qualify to establish these elements; for example, the invisible dog fences are by definition not visible, and Mr. … The Gramses' thick hedges, stones, and snow stakes are clearly meant to signal drivers to stay off of the grass.

Infosecurus, Inc. v. Peterson

Superior Court of Maine · May 17, 2018

Plaintiffs deny or qualify many of defendants’ statements of material fact outlining the exchange of contract drafts on the basis that they were not new agreements, but final manifestations ofthe original oral Agreement. … Plaintiff's interrogatory responses clearly contradict with their affidavits.

Martin v. Harris

Superior Court of Maine · Nov 13, 2014

Martin further qualifies this fact by indicating that the Trust has remained unfunded since Mary Louise's death and because no beneficiaries were willing to return their funds, Ms. … It is generally accepted that testators and settlors "are still free to disinherit beneficiaries on any ground that does not violate public policy and that clearly and specifically expresses what type oflegal proceedings

Sacco v. New Gloucester

Superior Court of Maine · Jun 7, 2016

Field is entitled to discretionary function immunity. (Def.'s Mot Summ. … "If a witness is not testifying as an expert, opinion testimony is limited to opinions that are: (a) Rationally based on the witness's perception; and (b) Helpful to clearly understanding the witness's testimony or to

Kimball v. Superintendent of Insurance & Maine Bureau of Insurance

Superior Court of Maine · Apr 11, 2014

However, federal subsidies are available only for the purchase of coverage under policies certified as "qualified health plans" or QHPs. Id. § 36B(b)(2). … It was established at the hearing that none of the participating providers will be treating only members of these plans. R. Binder 5, 59-64, 160....

Cianchette v. Cianchette

Superior Court of Maine · Sep 24, 2019

Until MEDCU affived, juror # 59 was the most qualified person to evaluate and monitor Attorney Norton's condition. Juror# 59 ceased assisting Attorney Norton as soon as MEDCU arrived. … The comi concludes that the note does not establish a likelihood that juror #123's evaluation of the evidence was tainted by concern for Attorney Norton or that any concern she may have had would have affected other jurors

Boyden v. Michaud

Superior Court of Maine · Sep 30, 2008

An affidavit indicating likewise would establish a material fact for M.R. Civ. P. 56 purposes. … Swanson, however, did not establish blanket tort immunity for religious organizations, nor was the decision the final word on the subject. See Fortin v.

Chase v. Chase

Superior Court of Maine · Aug 20, 2018

Regarding the three forms of benefit that Bruce and Janet Chase did confer, these benefits clearly meet the first two above enumerated elements, in that the services rendered and the funds turned over clearly represented … Bruce Chase's deposition testimony could be considered sufficient to establish all three elements.

Brooks v. Carson

Superior Court of Maine · Aug 23, 2011

qualifies as a public body of water. 24. … Again, Plaintiffs have no established right to use this means of access.

Mainers for Fair Bear Hunting v. Maine Dept. of Inland Fisheries & Wildlife

Superior Court of Maine · Mar 31, 2015

Thus, Plaintiffs' claim in Count II clearly sounds in free speech and the government speech doctrine applies. … Meadows do not qualify as admissible expert or lay opinion on the existence of an irreparable harm. Under M.R. Civ.

Bangs v. Inhabs. of the Town of Wells

Superior Court of Maine · Apr 1, 2002

In addition, Bangs has not asserted facts sufficient to establish a gross abuse of power, ‘fundamental procedural irregularity, or racial animus. … In addition, Bangs has not established any rationale that would convince the court to federalize this zoning dispute.

Allen v. McCann

Superior Court of Maine · May 23, 2014

To avoid a summary judgment, "[t]he plaintiff must establish a prima facie case for each element of his cause of action." Steeves v. … But it is the very difficulty of determining when an employee's skills are "clearly unmarketable" that reveals the wisdom of the traditional formulation.

Hayes v. Lisbon Road Animal Hospital

Superior Court of Maine · Apr 7, 2015

Maine Rule of Evidence 702 allows for the use of expert testimony "If scientific, technical, or other specialized knowledge will assist the trier or fact to understand the evidence or to determine a fact in issue, a witness qualified … App. 2013) ("To establish a veterinarian malpractice claim, a plaintiff is required to present expert testimony establishing the appropriate standard of care in the relevant community.")

Parsons v. Inhabs. of the Town of Carmel

Superior Court of Maine · Jun 17, 2002

(2) Claim of plaintiff Earle McSorley McSorley's claim in this action is clearly untimely. He was notified of the Board's December 17 decision on the very night that decision was made. … Thus, the harm alleged by Parsons is the denial of an opportunity for her and all other qualified town residents to vote on the merits of her proposed article.

Mabel Wadsworth Women's Health Center v. Hamilton

Superior Court of Maine · Oct 24, 2017

DHHS clearly has 16 the authority to make rules defining what procedures are, and are not, covered by MaineCare. … Dukakis, 591 F.2d 121, 134 (1st Cir. 1979) ("enjoining implementation of [a Massachusetts statute] insofar as it prohibits state reimbursement for abortions which would qualify for federal reimbursement under the terms

Barriault v. Barriault

Superior Court of Maine · Sep 4, 2018

[a] shareholder if it is established that . . . … However, that is clearly a factual issue that is unresolved one way or the other in the summary judgment record.