Case law

Norton v. Town of Long Island

Superior Court of Maine · May 26, 2004

DISCUSSION Sovereign Immunity Defendants assert that Maine’s sovereign immunity bars Plaintiff's claim against the State. … Accordingly, the court finds that Plaintiff’s complaint fails to clearly describe the demanded real estate.

Murdock v. Castigliola

Superior Court of Maine · Apr 15, 2015

Castigliola \ SMF ~ 2, as qualified in Murdock's opposing SMF. … Castigliola SMF ~~ 3-4, as qualified in Murdock's SMF. Murdock, in response to Thome's gesture, inched forward to see if the outside lane was clear.

Wilcox v. City of Portland

Superior Court of Maine · Sep 10, 2008

state property and now codified in 5 M.R.S. § 1786, provided as follows: Whenever a lease is offered to or signed by another organization pursuant to this chapter, the lease conditions shall clearly … Plaintiffs argue that this establishes that a discovery rule was applied sub silentio in McLaughlin and should also be applied in this case. The court declines to apply a discovery rule in this case.

Doyle v. State of Maine, Dep't of Human Servs.

Superior Court of Maine · Jul 10, 2002

The defendant requests summary judgment on the grounds that: (1) the State of Maine is immune from claims under the American with Disabilities Act (ADA); (2) the plaintiff has failed to establish herself as “qualified individual … In order to establish a prima facie case of discrimination, she must show that (1) she suffers from a disability as defined under the MHRA or the ADA; (2) she is otherwise qualified, with or without reasonable accommodation

Castiglia v. Bailey

Superior Court of Maine · Nov 20, 2007

Here, in response to MMA's statement of material facts, Castiglia admitted some, qualified some, and objected to some. … The record on summary judgment establishes the predicate to the application of the doctrine of collateral estoppel.

Wilcox v. City of Portland

Superior Court of Maine · Sep 10, 2008

state property and now codified in 5 M.R.S. § 1786, provided as follows: Whenever a lease is offered to or signed by another organization pursuant to this chapter, the lease conditions shall clearly … Plaintiffs argue that this establishes that a discovery rule was applied sub silentio in McLaughlin and should also be applied in this case. The court declines to apply a discovery rule in this case.

Churchill v. Univ. of Maine Sys.

Superior Court of Maine · Dec 13, 2002

The Defendants argue that the Plaintiff cannot establish the first two elements above. … In that case an Ohio statute clearly gave the civil service employee a property right in continued employment provided he did a good job. See id. at 538-539.

Ross v. Emerson

Superior Court of Maine · Nov 3, 2005

The prerequisites for the issuance of injunctive relief are well established. As provided in Rule 65(a) and annunciated in the case of Danish Health Club, Inc. v. … The first of the Rule 65(a) criteria is clearly m e t by this circ~mstance.~ 2. Injury outweighs harm. None of the parties minimize the invasive nature of a n intravenous needle and a naso- gastric tube.

Acuity Mutual Ins. Co. v. Lajoie Electric & Control Service, Inc

Superior Court of Maine · May 22, 2023

("The initial burden under Rule 56 lies with the moving party to demonstrate clearly the absence of a genuine issue of material fact."). … S.M.F.) the nonmoving party must make statements that "admit, deny, or qualify" each item of the moving party's S.M.F, beginning each statement with the designation" Admitted," "Denied," or "Qualified."

Brady v. Joyce

Superior Court of Maine · Oct 3, 2014

This evidence alone, however, does not establish plaintiff's prima facie case.• See Reeves v. … An employee will lose immunity, however, "when the conduct so clearly exceeds the scope of an employee's authority that the employee cannot have been acting in his official capacity." Id.

Sanford v. Town of Shapleigh

Superior Court of Maine · Sep 5, 2003

The Maine Tort Claims Act (MTCA) provides immunity to governmental entities from all tort claims seeking damages “[e]xcept as otherwise expressly provided by statute.” 14 M.R.S.A. § 8103(1) (2003). … Both parties agree that based on these delineated statutory principles the question presented is whether the lower level area where Plaintiff Sanford was injured qualified as an appurtenance to the waste transfer station.

Levesque v. City of Bath

Superior Court of Maine · Apr 22, 2020

At the very least, its prior position is not clearly inconsistent with its current one. … Second, even if the City were in fact arguing that the HDS applies to Levesque's claims, the court clearly did not adopt that position.

Handlin v. Broadreach Public Relations, LLC

Superior Court of Maine · Mar 17, 2021

A party's opposing statement of material facts "must explicitly admit, deny or qualify facts by reference to each numbered paragraph, and a denial or qualification must be supported by a record citation.'' Stanley v. … Cummings, 2000 lv1E 68, 1112-13, 756 A.2d 942 (holding that plaintiff could not bring IIED claim based upon workplace conduct because the claim is barred by the exclusivity and immunity provisions of the Workers' Compensation

Haluska v. City of Old Town

Superior Court of Maine · Nov 5, 2004

Section 111.0(a) states: “The R-1 zone is established as a zone primarily for single-family dwellings.” (Emphasis added). … It would illogical to force a city to allow the construction of what is clearly a church and then have to wait until Sunday services to enforce the applicable zoning ordinance.

Federal National Mortage Association v. Bickford

Superior Court of Maine · Jan 6, 2020

Indeed, FNMA must still establish that the Notice complies with §6111. … From the payment histories and other documentation introduced, the original debt, date of the loan, date of default and last payment are all clearly indicated, as previously discussed.

Wing v. Davric Maine Corp.

Superior Court of Maine · Jul 30, 2009

Wing's activity as a harness driver certainly qualifies as an "equine activity," but the fundamental question is whether it was "recreational."} No separate definition of "recreational" is provided. … Applying these principles, and mindful that the immunity in § 159-A is to be broadly construed, the court concludes that, under its plain language, § 159-A is applicable in this case unless the presence of non-recreational

Sawyer v. The Legislative Council

Superior Court of Maine · Mar 16, 2005

They concede that certain Law Court holdings establish that a statute will not be presumed to create contractual rights binding future legislatures unless the intent to do so is clearly stated. See Spiller, et al. v. … That language clearly indicates an intention on the part of the Legislature to establish a salary to be honored until changed.

Reid v. Reid

Superior Court of Maine · Feb 17, 2006

First, the Town points out that Diamond International involved an indemnification provision in a purchase order aimed at employer immunity under the Worker's Compensation scheme, and not a waiver of governmental immunity … In spite of a conceivably absurd result, the court must construe exceptions to immunity strictly so as to adhere to immunity as the general rule. Sanford v. Shapleiah, 2004 Me 73,850 A.2d 325.

Starbird v. Town of Minot

Superior Court of Maine · Jun 5, 2002

The public clearly has an interest in the maintenance and plowing of the roads. As the appointed Town Road Commissioner, Starbird had substantial responsibility for or control over these functions. … upon a motion for summary judgment the court must decide whether the facts, viewed in the light most favorable to the plaintiff, raise “a genuine issue of fact from which a jury could reasonably find that actual malice was established

Madore v. Kennebec Heights Country Club

Superior Court of Maine · Aug 28, 2005

On its face, the language appears to be unambiguous and that is clearly the defendanfs position. … Why even phrase the language in an annual salary and require it to be paid throughout the year if not to otherwise qualify the terms of the employment period?