Case law

415 Congress St. Properties v. URS Group, Inc.

Superior Court of Maine · Nov 14, 2011

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.

Haskell v. Hastings

Superior Court of Maine · Sep 28, 2010

Based on the evidence before the court, neither party's claim is clearly supported. … s SJvi.F. 9I9I 86, 87 denied, objected, and qualified by Opp. Pl.'s S.NI.F. 9I9I 86, 87.) There is not sufficient information before the court to determine which party is correct as a matter of law.

Ford Motor Co. v. Darling's

Superior Court of Maine · Nov 8, 2022

As a result of the lengthy litigation many facts have been established, liability has been established, and the only issue left before the Court is damages. … The Law Comi clearly found that Darling's claim for damages is still viable, if those damages can be proven by a preponderance of evidence.

Chretien v. Berman & Simmons

Superior Court of Maine · Dec 11, 2018

Plaintiff Chretien has clearly met that part. The other part of the burden is to show that the loss of the opportunity caused the loss of a favorable result. … Chretien qualified as an employee of Allstate for purposes for the protection of the Act. The jury's verdict would also have determined the amount, if any, that Allstate was entitled to recover on its claims.

Kueter v. Chrysler Fin. Corp.

Superior Court of Maine · Aug 22, 2000

The complaint clearly states that defendants made “intentional . . . representations _.. [which] constitute false and misleading representations under the common law .” … A plaintiff is only obligated to establish a prima facie case for each element of her cause of action challenged by defendant.

Slager v. Bell

Superior Court of Maine · May 9, 2023

The Summary Sheet that Slager filed with the Complaint also does not indicate that title to real estate is involved in this case, nor does it qualify the case as a "Title Action." (Defs.' … It is the parties’ obligation to provide specific record citations to enable the Court to identify the ostensible inconsistencies: “The opposing statement shall admit, deny or qualify the facts asserted by reference to each

Weatherbee v. McPike

Superior Court of Maine · Mar 22, 2012

Count Vis identical, except in this count plaintiff seeks the establishment of a constructive trust, Count VI alleges interference with the reasonable expectation of a legacy, and Count VII alleges a statutory improvident … The statute requires that qualifying transactions be nullified if the elderly person is not represented by an attorney for the transaction.

Warren v. Preti,Flaherty,Beliveau & Pachios

Superior Court of Maine · Oct 25, 2011

The following points are clearly established: • All of the materials are communications between Plaintiffs' counsel and the counsel for the State in the two cases• • The State and the Plaintiffs were … Like otl1er qualified privileges, it may be waived." United States v. Nobles, 422 U.S. 225, 239 (1975).

Clavet v. Dean

Superior Court of Maine · Jan 8, 2020

While some of these factors may be generated by the evidence, some clearly are not. … Dean did not clearly articulate which counts of his counterclaim are implicated by this deal. In his reply memorandum, Mr.

Oceanic Inn, Inc. v. Sloan's Cove, LLC

Superior Court of Maine · Jan 2, 2015

The court agrees: the Allonge is by no means ambiguous-it clearly provides for interest on the Note to accrue at prime plus 3%, and it clearly contains no reference to, or provision for, default interest. … UFTA does not provide a cause of action for debtors, and Plaintiffs have failed to allege facts that would qualify them for reliefpursuant to UFTA. VIII.

Scribner's Mill Preservation v. Maine Dep't of Envtl. Protection

Superior Court of Maine · Sep 9, 2009

s proposed project is subject to the requirements of the Federal Clean Water Act because it qualifies as an "activity ... which may result in [a] discharge into the navigable waters [of the United States]." 33 U.s.c. § … The regulation clearly contemplates consideration of the economic outcome with the proposed project as opposed to without the proposed project.

Belanger v. Yorke

Superior Court of Maine · Mar 7, 2019

Yorke must therefore rely on a different theory to 8 establish Ms. … Clearly, Ms. Yorke and Mr. Yorke misapprehended what actually constitutes undue influence when they elected to include that term in the Statement based on Mr.

Levesque v. Lilley

Superior Court of Maine · Jun 27, 2017

These terms were clearly and repeatedly set forth 1 Although this case has been assigned to the undersigned, the motion to enforce the settlement agreement was originally assigned to C.J. … Flynn also contends that he cannot, as a matter of law, qualify as a joint tortfeasor from whom contribution may be sought.

Bordetsky v. Charron

Superior Court of Maine · Aug 16, 2011

Both these provision clearly fall within subsection (iii), "action or inaction by the consumer that adversely affects the creditor's security for the loan." … While a pattern or practice is not established by isolated, random, or accidental acts, it can be established without the use of a statistical process.

Kinderhaus North LLC v. Nicolas

Superior Court of Maine · May 1, 2020

Here, the location, length, and width of the ROW is clearly defined in the deeds and depicted on the Plan. … Not all interference qualifies. “Life in organized society, and especially in populous communities, involves an unavoidable clash of individual interests.”

Rockwood Dev. Corp. v. Shostak

Superior Court of Maine · Jan 27, 2005

It is well established that directors of a corporation occupy a fiduciary relationshp to the stockholders. That relationship is similar to that of trustees and beneficiaries. Livermore Falls Trust & Banking Co. v. … This incidental work or expense does not qualify as "enforcement" of the mutual agreement and does not arise from a "breach" of the mutual agreement.

Maples v. Contorakes

Superior Court of Maine · Aug 5, 2020

Although not clearly articulated, it seems Plaintiffs are seeking to hold the Contorakeses personally liable pursuant to several legal theories: (1) as to both Mr. Contorakes and Ms. … Notwithstanding the fact that many of the underlying facts are denied or qualified by Defendants, Plaintiffs raise no argument that any of the many breaches listed on page four of their brief are material breaches.

Poor v. Lindell

Superior Court of Maine · May 11, 2023

Analysis BHTS was clearly Pierce Atwood’s client as of July 21, 2017, when it first engaged Pierce Atwood to advise it in relation to its role as administrative trustee for Poor’s Trust. … (amended 2010) (“This section qualifies the effect of a provision in a will which purports to prohibit sale of property by a personal representative.”).