Case law

Gelband v. Cunniff

Superior Court of Maine · Sep 30, 2011

Immunities and other affirmative defenses may be raised on a motion to dismiss as long as facts that give rise to the immunity or defense appear on the face of the complaint. Munjoy Sporting & Athletic Club v. … The Plaintiff cannot survive a motion to dismiss by asserting a bald accusation in the complaint when the provided support clearly belies the assertion.

Maine Human Rights Commission v. Megunticook Management

Superior Court of Maine · May 17, 2017

First, the plaintiff must establish a prima facie case of discrimination. See id. … Clearly, both Mr. and Mrs. Weymouth are very hard-working people, who along with their son run a successful housing business. Mrs.

Chrysler Group, LLC v. Dunlap

Superior Court of Maine · Jun 27, 2016

This variation would undermine the goal of establishing a representative sample. … While it is arguably a reasonable approach to count a repair order that involves qualifying and non-qualifying sales-such as a state inspection-towards the 100 sequential repairs so long as the non-qualifying repairs are

Levesque v. Front Street Assocs.

Superior Court of Maine · Mar 28, 2007

In June 2004, the Town notified him that it was denying h s claim due to immunity. He filed the instant lawsuit against FSA in January 2006. … Here, the record clearly demonstrates that FSA intended to dedicate the disputed area and the Town clearly manifested its intent to accept as shown by the November 20, 1984 Town Meeting vote.

Santini v. Howell

Superior Court of Maine · Feb 16, 2016

Defendants contend that without a qualified expert to support the contention the property was worth at least $1.25 million at the time of the sale, plaintiff's claims fail and thus they are entitled to summary judgment. … Rule 701 of the Maine Rules of Evidence provides: "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

Cheney v. Maine Unemployment Ins. Comm.

Superior Court of Maine · Oct 13, 2015

"generally encompasses standard hours for any retail establishment or occupation or business for which [Petitioner's] prior training and experience would make her fitted or qualified." … "generally encompasses standard hours for any retail establishment or occupation or business 11 for which" Petitioner is qualified is a reasonable exercise of the Commission's

Diggins v. Jeld-Wen, Inc.

Superior Court of Maine · Mar 5, 2021

That affidavit states that it is signed under penalties of perjury and adds additional foundation supporting Jeld-Wen's argument that the documents would qualify as business records. … complaint are essentially duplicative but that need not be resolved at this juncture. 3  On Diggins's promissory estoppel claim, Jeld-Wen argues that it "clearly

Clemetson v. Sweetser, Inc.

Superior Court of Maine · Nov 4, 2011

Clemetson does not argue that the immunity contained in § 2511 is inapplicable in his case or that his claims relating to Sweetser's report to the Board of Licensure are not subject to that immunity. … Clemetson's termination establish that Sweetser is entitled to a conditional privilege under the circumstances in this case. See Cole v.

Chibroski v. Landmarc Construction Services, LLC

Superior Court of Maine · Apr 3, 2018

An HCCA violation does not establish an unfair trade practice or even generate a presumption of unfairness. Id. … Here, the record does not establish that any violation of the HCCA caused Plaintiffs to lose money or property.

Gaudette v. Davis

Superior Court of Maine · Oct 26, 2015

Davis's statements clearly fit within the broad definition of petitioning activity. … The court thus concludes that Davis has met his burden to establish he engaged in "some activity that would qualify as an exercise of the defendant's First Amendment right to petition the government," and will proceed

Welch Oil Co. v. State Tax Assessor

Superior Court of Maine · Sep 28, 2012

And, if they were in fact joint tenants, can James individually qualify as a majority owner for purposes of§ 1764? … regard to the 51% interest, and as a joint tenant, James individually qualifies as a majority owner under§ 1764.

Cookson v. Brewer Sch. Dep't

Superior Court of Maine · Nov 20, 2007

Next, she must establish that she is otherwise qualified and able to perform the essential functions of the job. Finally, she must show that her adverse treatment by her employer was based on her protected status. … By carrying this burden the Plaintiff establishes a presumption of discrimination.

Kelley v. Maine Pub. Employees Ret. Sys.

Superior Court of Maine · Aug 20, 2008

not conclude that she no longer qualified in 2006. … An agency's factual determinations must be sustained unless clearly erroneous. Imagineering, Inc. v. Superintendent of Ins., 593 A.2d 1050, 1053 (Me. 1991).

Town of Warren Ambulance Service v. Maine Department of Public Safety

Superior Court of Maine · Jul 13, 2006

Factual determinations must be sustained unless shown to be clearly erroneous. … Furthermore, in light of the evidence of the prison population present in a community of the size of Warren it is unquestionable that such a unique set of circumstances clearly distinguishes h s case from establishing any

Thuotte v. Perry

Superior Court of Maine · Jun 26, 2008

Clearly, this language alone would suggest that the MTCA applies to government employees, at least in some situations. … It is well established that courts prefer that cases be adjudicated on the merits. V.

Bank of America v. Barr

Superior Court of Maine · Mar 5, 2010

Evid. 803(6), "the custodian or other qualified witness" can testify about business records kept in the ordinary course of business. … Clearly the Plaintiff has an interest in ensuring that its customers receive approval letters reflecting new account numbers, statements reflecting account usage, and letters indicating that an account is overdue.

Design Dwellings, Inc. v. Town of Windham

Superior Court of Maine · Mar 13, 2017

"The establishment of a contract - . requires that the parties mutually assent to be bound by all its material terms; the assent must be manifested in the contract, either … bidder, that DDI was the lowest bidder, and that DDI is qualified.

Kaler v. Maine Department of Health and Human Services

Superior Court of Maine · Oct 15, 2019

qualifying for MaineCare and whether Mrs . Kaler had any intent at the time to apply for MaineCare within the foreseeable future. … The May 31, 2016 Administrative Hearing Decision decided that "the evidence presented clearly and convincingly shows that the purpose of the transfers in question was for purposes exclusive of qualifying for Medicaid

Albert v. Town of Pownal

Superior Court of Maine · Mar 12, 2019

The Board found that respondents DiGristinas' structure could qualify as either an "accessory dwelling" or "accessory structure." (R. … From the definitions, it is clear that in order for a facility to qualify as a "hotel," it must provide additional services such as "restaurants, meeting rooms, and recreational facilities."

Paper, Allied-Indus., Chem. and Energy Workers Int'l Union v. Sherman Lumber Co.

Superior Court of Maine · Jun 28, 2001

Curtis Court was asked to address a more indirect ownership relationship, which raised more serious questions about the extent to which the legislature intended to abrogate traditional common law notions of shareholder immunity … directors themselves face sanctions for decisions they make on behalf of the corporation, then those directors will be more highly motivated to ensure that the corporation's conduct will be lawful, than if those directors were immune