Case law

Gleichman v. Scarcelli

Superior Court of Maine · Mar 7, 2019

"In most instances, proof of objective symptoms will require expert testimony to · 5  establish that the plaintiff's emotional injury qualifies for a diagnosis such as … Plaintiffs do not clearly articulate what consideration flowed from Ms. Scarcelli to Ms.

Penobscot Shoe Co. v. McCulloch

Superior Court of Maine · Jul 21, 2003

Consequently, because the parties presented the testimony of clearly qualified expert valuation witnesses, and because the opinion testimony of the non-experts — although admissible under Maine law — is more marginal and … The trial record clearly establishes that PSC was a very small corporation in terms of its capitalization, sales or any other relevant measure. PSC was a participant in what Kagan described as a “very tough industry.”

Millett v. Atlantic Richfield Co.

Superior Court of Maine · Mar 2, 2000

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. Rex v. … There is no dispute, nor could there be, that plaintiffs’ counsel are qualified to handle this litigation.

State of Maine v. Osborne

Superior Court of Maine · Sep 29, 2003

Notwithstanding his attempt to qualify his words, the court concludes that Strout sought to make the Defendant believe that he would derive a si gnificant benefit from cooperating with the officer on April 10,2002. … Amendment and the privilege against self-in crimination, the Supreme Court has ruled th t‘[W] hen an accused has invoked his right to have counsel present during custodial interrogation, a valid waiver of that right cannot be established

State Tax Assessor v. Kraft Groods Group, Inc.

Superior Court of Maine · Jun 7, 2017

immunity ... '' Id. at 30 (internal quotations, alterations, and citation omitted). … To the contrary, the text of the Rule clearly sweeps more broadly.

McSorley v. Inhabs. of the Town of Carmel

Superior Court of Maine · May 30, 2001

“it will not be inferred that the Legislature, in revising and consolidating the laws, intended to change their policy unless such an intention be clearly expressed.” Muniz v. … class, (2) she performed her job satisfactorily, (3) her employer took an adverse employment decision against her, and (4} her employer continued to have her duties performed by a comparably qualified person.

Cedar Beach v. Abrahamson

Superior Court of Maine · Sep 15, 2014

This conduct is sufficient to establish adversity. … Starbranch was familiar with her property and was qualified to verify the signs were on her property also is not supported by this record. See,~ State v.

Constr. Goscobec, Inc. v. Timmons

Superior Court of Maine · Dec 2, 2008

Petitioner clearly violated this rule by not filing its motion to specify until November 26, 2007. … It is hereby ordered that the parties schedule a phone conference with the court in order to establish the future course of these proceedings.

Wells v. Anthem Health Plans of Maine

Superior Court of Maine · May 9, 2006

A motion to exceed page limitations that is filed simultaneously with the memorandum is in violation of the rule that clearly requires a party to obtain "prior leave of court." … 2006 Party(s): ROY WELLS MOTION - MOTION FOR ENLARGEMENT OF TIME GRANTED ON 05/09/2006 THOMAS E DELAHANTY 11, JUSTICE THE DEADLINE FOR PL'S OPPOSITION TO MDOT'S MOTION FOR SUMMARY JUDGMENT-IMMUNITY

Kwasnik v. Maine Dep't of Health and Human Svs.

Superior Court of Maine · Mar 20, 2012

As described above, searches for the purpose of identifying and seizing prope1iy subject to the execution of a lien in a civil context does not qualify as a "special needs" case. … Because the procedure established in M.R. Civ.

Maine Sch. Admin. Dist. 27 v. Maine Pub. Employees Retirement Sys.

Superior Court of Maine · Feb 19, 2009

for contribution to the System and thus nothing to "pick up," 4 The Maine Public Employees Retirement System was formerly known as the Maine State Retirement System, or MSRS. 5 Designated employee contributions to a qualified … Raynolds, 413 A.2d 523, 533 (NIe. 1980), the petitioner has failed to establish the requisite elements to bar the System's action.

Riverwatch v. City of Auburn

Superior Court of Maine · Nov 17, 2008

Rather than designate it a minor subdivision, for which it was qualified under the ordinance, the Board chose to call the amendment a major subdivision, but clearly waive any perceived requirement for another public hearing … The Law Court later explained that Perkins and York "establish that a Planning Board may be vested with the power to waive municipal subdivision standards so long as the waiver does not, in effect, grant a variance from

DCCI, LLC v. Kendrick Parker

Superior Court of Maine · Sep 29, 2015

Furthermore, the evidence did not establish that Mr. Parker knew or had reason to know of rust. His statement to Mr. … Parker clearly knew that DCCI was purchasing the car for the particular purpose of potential use as a classic driver car and for restoration. 59.

Burr v. Bouffard

Superior Court of Maine · Sep 24, 2019

Plaintiff seems to concede that conditions have significantly changed, but nevertheless asks the Court to do what it is not permitted to do, which is to write rules and make policy even after the offending conditions have clearly … be dismissed. 42 U.S.C. § 1983 provides, in pertinent part, that every person who, under color of statute, ordinance or regulation, causes any other person to suffer a "deprivation of any rights, privileges, or immunities

Morton v. Burr

Superior Court of Maine · Jan 16, 2014

Moreover, the documents are not ones that would normally qualify as being appropriate for a motion to seal. … This cause of action is most clearly asserted against Carll Burr and Burr, Inc., but the nature of the relief sought clearly affects the rights of SFR as successor to the lender and HomeSolutions as the borrower.

Arundel Valley, LLC v. Branch River Plastics, Inc.

Superior Court of Maine · Jul 7, 2017

The jury could have decided that Branch River failed to establish that Arundel Valley was on notice of the disclaimer, or that Branch River's mistaken designation of the roof panels as R-Control established an independent … Kate's claim presumably is one for delay damages--clearly a form of consequential damages.

Black v. Cutko

Superior Court of Maine · Aug 10, 2021

BPL very clearly could not have considered such information with respect to the 2020 lease, yet it has asked the Court to include that information, nonetheless. … Whether or not each group has suffered particularized injury such that it qualifies as aggrieved under MAPA will be addressed in turn. I.

Rioux v. Blagojevic

Superior Court of Maine · Jul 1, 2003

But I think it’s clearly, uh, letter from them clearly lifts the curse of that site location order in regards to future development.” R. 43 at p. 1. … Further, notwithstanding the absence of any sidewalks on the road design, there was no discussion of whether in the Board’s judgment, Blagojevic qualified for a waiver of that requirement.

415 Congress Street Properties, LP v. URS Corp.

Superior Court of Maine · Jul 30, 2012

However, Harpers has quite clearly not suffered any loss-at least not yet-as a result of anything URS Corp. did or did not do in connection with the PCA. … The Law Court has clearly stated that "the standards for demonstrating the elements of professional negligence do not differ from profession to profession.

Perry v. The Netherlands Insurance Company

Superior Court of Maine · Jun 3, 2016

"The failure to establish a loss of money or property as a result of [the insurer's] actions ... is fatal to [a] UTPA claim." Curtis v. Allstate Ins. … Hull, 667 A.2d 853, 855 (Me. 1995) (finding of damages caused by violation of UTPA not clearly erroneous where there was evidence indicating that homeowner had to 22