Case law

Swett v. Sanford/Springvale VFW Post 9935

Superior Court of Maine · Apr 26, 2016

Co., 2001 ME 8, ,i 7, 764 A.2d 258 ("[Section 104] is considered to be the immunity provision, and [Section 408] is the exclusivity provision. … If not, then plaintiff may be able to proceed on negligent supervision claim, provided she can establish Maine VFW had a duty to prevent harm to her by third parties.2 Defendant has not argued that plaintiff has failed

St. John v. Jordan

Superior Court of Maine · Feb 22, 2007

In their answer, Defendants assert the truth of the statements, failure to comply with the Maine Tort Claims Act ("MTCA"), qualified immunity, governmental immunity, estoppel and waiver. … The statute and case law, however, clearly require notice of a claim against a governmental entity or employee to be served in the manner prescribed in § 8107.

Fortier v. City of Lewiston

Superior Court of Maine · Jul 22, 2009

not limited to, any water district, sanitary district, hospital district, school district of any type, an airport authority established pursuant to Title 6, chapter 10, any volunteer fire association as defined in … to immunity."

Maine Citizens for Clean Elections v. LePage

Superior Court of Maine · Aug 2, 2018

. §§ 1121 et seq., (MCEA) was established by citizen initiative on November 5, 1996. … subjects or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution

Snow v. Portland Hous. Auth.

Superior Court of Maine · Nov 9, 2006

This requires the plaintiff to establish a prima facie case for each element of the cause of action. Id. … Although certain crimes may render a party ineligible for PHA assistance, it is possible for a party who has a criminal history to nonetheless qualify for PHA assistance.

McBreairty v. Jordan's Store, Inc.

Superior Court of Maine · Jun 23, 2005

The State responded that it was immune from suit. (DSMF ¥ 5). B. Disputed Facts. … Clearly, if the pothole was located on the defendant's land, it would have a duty to repair the pothole and/or warn patrons of its existence.

Savage v. Maine Pretrial Svs.

Superior Court of Maine · Jan 27, 2012

The Defendant has directed the court to section 2428(8-A), which establishes immunity for principal officers, board members, agents or employees of a registered dispensary from disciplinary action for conduct in accordance … Even though this immunity provision was not in effect at the time of the Plaintiff's termination on June 28, 2010, the fact of its existence shows that the immunity created by section 2423-E was not intended to cover actions

Parenteau v. York County

Superior Court of Maine · Nov 4, 2002

Clearly, the sheriff possesses the requisite statutory and lawful authority to release inmates through the home-monitoring program. 30-A M.R.S.A. § 1659. … Nevertheless, sovereign immunity is well established even though it was often criticized’ and eventually abrogated by the Law Court in Davies v. City of Bath, 364 A.2d 1269 (Me. 1976).

Guidi v. Jordan

Superior Court of Maine · May 14, 2003

P. 56(h) (requiring short concise statements and “admit, deny or qualify’’) Casco Northern Bank v. … Although the doctrine _ of sovereign immunity does not preclude all liability in tort all actions against political subdivisions, Maine opted for the exceptions to immunity approach, which presumes immunity unless exceptions

Gavin v. Kennedy

Superior Court of Maine · Apr 14, 2004

Judge Kennedy is absolutely immune from civil suits for damages arising from his actions taken in his judicial capacity. There are numerous decisions establishing this proposition. In Stump v. … The two cases that he acted upon were clearly within the jurisdiction of the Maine District Court. Judge Kennedy has an absolute immunity from suit.

Leadbetter v. Family Fun Management, Inc.

Superior Court of Maine · Feb 6, 2018

Section 15217 grants immunity to ski areas for injuries caused by the design of the ski area. 32 M.R.S. § 15217(6). … Such contracts will be strictly construed against the party who seeks immunity from liability. Id. The purported release must, on its face, clearly and unequivocally reflect the parties' mutual intent.

Tibbetts v. St. Joseph Hosp. Inc.

Superior Court of Maine · Aug 1, 2007

The circumstances as Tibbetts has alleged them in his complaint do not establish as a matter of law that his tort claims will inevitably fail. … However, the "one exception" to this rule" is that parties to an employment contract of indefinite duration 'may enter into an employment contract terminable only pursuant to its express terms -- as 'for cause' -- by clearly

Legrand v. Nadeau

Superior Court of Maine · Feb 12, 2016

VI, § 6 once the Legislature establishes a Probate Court with full-time judges, which it has not done. … Judicial Immunity The motion to dismiss is based on a claim of judicial immunity. At the outset, the U.S. Supreme Court ruled in Pulliam v.

Myshrall v. Key Bank Nat'l Ass'n

Superior Court of Maine · Mar 5, 2001

Spaulding’s expressed hostility to him and Key Bank’s qualified immunity is extinguished. … , the defendant is entitled to rely on its qualified immunity for the information it furnished to a credit reporting agency.

Bank of America, N.A. v. Hem

Superior Court of Maine · Dec 3, 2014

The court clearly instructed the plaintiff to proceed with its case and to present all of its evidence. … The court clearly stated that if, after researching the witness qualification issue, it concluded that the witness was not a qualified witness and therefore could not lay the foundation necessary to admit the records offered

Rinaldi v. Maine Correctional Center

Superior Court of Maine · Jun 15, 2023

It clearly is not. The MCC exists in a grey area between being completely open to the general public and being completely closed. … In determining whether something "belongs" to a building, the Law Coutt has required that the object meet the "well­ established definition of a fixture" to be treated as an appmtenance. Searle v.

Duchaine v. Town of Gorham

Superior Court of Maine · Jun 15, 2001

The Law Court made this statement after noting that the plaintiff failed to establish the necessary predicate for a MCRA claim, however. Id. … This definition clearly includes the Town’s negligent acts. The Town has therefore waived its governmental immunity from suits seeking monetary damages for negligence.

North East Insurance Co. v. Atkisson

Superior Court of Maine · Jul 11, 2005

Under the traditional comparison test, the Massachusetts allegation clearly brings the litigation within the contours of the policy. … The court declines to make a declaration that Atlusson is immune from suit under Maine's workers' compensation laws. 4.

Behnke v. City of Portland

Superior Court of Maine · Feb 8, 2023

To establish a prima facie case of disability discrimination pursuant to the MHRA, the plaintiff has the burden of establishing the following: first, she suffers from a disability; second, she is otherwise qualified … The absences clearly compromised the work- the Court found the plaintiff unqualified and indicated that the plaintiff, who was tasked with working on a diabetes study, "was unable to manage her workload, with the result

Varney v. Richards

Superior Court of Maine · Jul 21, 2016

su~ject to immunity under the MCRA. (Dcfs.' S.M.F. ~I 19; Ex. B 2.) … Id. at cmt. d ·("liabilily clearly does not extend to mere insults, indignities, threats, annoynnces, petty oppressions, or other trivialities"); Beny, 716 F.