Case law

Dole v. Allen

4 Me. 527 · Supreme Judicial Court of Maine · May 15, 1827

And we are therefore of opinion that the interposition of this term, “measurably,” does not substantially change the character of the certificate; eren regarding it as used in its established and accurate sense. … If a religious professor, of exemplary piety and great purity of life, should speak of himself or be spoken of by others, as measurably conforming to the duties of i eligion, we should at once perceive that the qualifying

Carey & Assocs., P.A. v. Sheriffs & Cntys. of Cumberland

320 F. Supp. 3d 226 · District Court, D. Maine · Mar 5, 2018

State Action Immunity The Defendants have asserted state action immunity as a basis to dismiss the Plaintiffs' antitrust claims. … "[I]mmunity will only attach to the activities of local governmental entities if they are undertaken pursuant to a 'clearly articulated and affirmatively expressed' state policy to displace competition."

State of Maine v. United States

45 F. Supp. 35 · District Court, D. Maine · May 12, 1942

Such a grant of jurisdiction must be clearly shown, and doubt as to the construction of the provisions of the statute granting the same will be resolved in favor of the government.” … “The bill, in principle, is simply a substitute for the practice, long established, of passing special bills, under which private owners have been allowed to submit to our admiralty courts admiralty claims of this character

Arthur Murdock v. Martin Thorne

166 A.3d 119 · Supreme Judicial Court of Maine · Jun 27, 2017

and the exclusivity and immunity provisions of Maine’s workers’ compensation statute.  6 779 A.2d 951. … “A prima facie case of negligence requires a plaintiff to establish four elements: duty, breach, causation, and damages.” Id.

Paradis v. School Administrative District No. 33 School Board

462 A.2d 474 · Supreme Judicial Court of Maine · Jun 30, 1983

the public official violated a clearly established statutory or constitutional provision. … Harlow , however, is clearly distinguishable. The issue in that case was the scope of immunity available to senior aides and ad-visors of the President.

Benson v. University of Maine System

857 F. Supp. 2d 171 · District Court, D. Maine · Apr 24, 2012

They claim that when they applied for these positions, the University used a discriminatory hiring process and passed over each of the Plaintiffs, hiring younger, less qualified, less experienced applicants. … Nonetheless, the Advisory Committee clearly meant their filings to qualify as mistakes under the Rule. Id. at 2494-95 (internal citations omitted).

Stevens v. State Tax Assessor

571 A.2d 1195 · Supreme Judicial Court of Maine · Mar 15, 1990

That contention has been squarely addressed and clearly rejected. See Maxwell v. Bugbee, 250 U.S. 525, 538-43 , 40 S.Ct. 2, 5-7 , 63 L.Ed. 1124 (1919); see also Wheeler v. … Nor does it violate their constitutionally protected privileges and immunities or deny them equal protection of the law.

State v. Montgomery

94 Me. 192 · Supreme Judicial Court of Maine · May 28, 1900

A legislative act may be entirely valid as to some classes of cases and clearly void as to others. Cooley on Const. Limitations, 6th Ed., p. 213. … The privileges and immunities guaranteed by the clause in the Constitution, which declares that the citizens of each state shall be entitled to all the privileges and immunities of citizens in the several states, are said

Advanced Medical Research Foundation v. Town of Cushing

555 A.2d 1040 · Supreme Judicial Court of Maine · Mar 7, 1989

Our affirmance of the Superior Court’s decision is compelled by the well established law of property taxation when combined with the equally well established principles of appellate review. … However, the burden in such a case is clearly on the party seeking exemption to demonstrate as a factual matter that as of the assessment date the anticipated use of the property in the assessment year justifies the exemption

Croteau-Robinson v. Merrill Trust/Fleet Bank

669 A.2d 763 · Supreme Judicial Court of Maine · Jan 17, 1996

The law of statutory construction is well established that “we examine other indicia of legislative intent, such as its legislative history, only when the plain language is ambiguous.” Berube v. … Nothing in the language of the statute requires either minimum travel distances or energy savings before such a program may qualify for statutory immunity.

Bayside Enterprises, Inc. v. Hanson

675 F. Supp. 1375 · District Court, D. Maine · Dec 17, 1987

The compulsory process of bargaining, mediation and arbitration is set in motion by MABB’s establishment of a “contract date.” … The commissioner, in consultation with the board, shall establish a panel of arbitrators, who shall be qualified by education, training or experience to carry out the responsibilities of an arbitrator under this article.

Hodgdon v. State

500 A.2d 621 · Supreme Judicial Court of Maine · Sep 3, 1985

Section 3655 clearly states that only the towns and counties, not the State, are liable for injuries caused by defects of or failure to repair highways that they are obliged by law to maintain. … Section 751 4 of Title 23 establishes a system of maintenance for all state and state aid highways.

Harrington v. Almy

148 F.R.D. 11 · District Court, D. Maine · Apr 1, 1993

clearly established are essentially coincident. … It was clearly established as of 1989 that an unreasonable intrusion by the state upon the bodily integrity of an individual would be a violation of substantive due process rights.

Devine v. Roche Biomedical Laboratories, Inc.

637 A.2d 441 · Supreme Judicial Court of Maine · Mar 14, 1994

Chan, 569 A.2d 600, 601 (Me.1990) (determination of whether a witness is qualified to testify as an expert). C. Indemnification 1. … To establish a claim based on interference with an advantageous business relationship, one must establish the elements of fraud or intimidation. See St. Hilaire v. Edwards, 581 A.2d 806, 807 (Me.1991); DiPietro v.

Monica L. Semian v. Ledgemere Transportation, Inc.

106 A.3d 405 · Supreme Judicial Court of Maine · Dec 16, 2014

establish the defense in other situations. … Nonetheless, Ledgemere itself argues that the evidence establishes at least one of the exceptions to the requirements of section 2063, and a review of the evidence confirms that view.

Gregg v. Bailey

120 Me. 263 · Supreme Judicial Court of Maine · May 5, 1921

Bailey,” we have three absolute gifts of the same four thousand dollars, expressed as clearly as language can express thought. … it seems to me unwise to abandon it and establish a different, even if a better rule.

Halasz v. University of New England

816 F. Supp. 37 · District Court, D. Maine · Mar 5, 1993

In most cases, we believe that, as in the qualified immunity context, the issue of whether the facts alleged by a university support its claim that it has met its duty, of reasonable accommodation will be a purely legal one … Section 504 does not require colleges to establish programs like the FYO to facilitate admission to college of those who with other reasonable accommodation for their handicaps have not shown themselves to be qualified for

Carey Ex Rel. Carey v. Maine School Administrative District 17

754 F. Supp. 906 · District Court, D. Maine · Dec 18, 1990

Congress clearly intended, when it enacted this section of the EAHCA, to establish a strong preference, if not an absolute mandate, for the maintenance of the status quo until a final decision is reached regarding the child … The question is thereby raised whether all of section 8111(1), or just section 8111(1)(E), is qualified by the following phrase contained in section 8111(1)(H): "... provided that such immunity shall not exist in any case

Knowlton v. Shaw

708 F. Supp. 2d 69 · District Court, D. Maine · Apr 27, 2010

There is a “presumption ... that qualified rather than absolute immunity is sufficient to protect government officials in the exercise of their duties.” Id. at 486-87 , 111 S.Ct. 1934 . … Jun. 23, 1995); Hahn, 523 F.2d at 469 (stating that “[h]aving established no ‘class-based, invidiously discriminatory animus’, appellant can proceed no farther under the second part of § 1985(2)”).

FRENCH v. MERRILL

District Court, D. Maine · Jun 4, 2020

Defendants also contend that qualified immunity applies because a reasonable police officer would not have known that their conduct violated clearly established constitutional law. … establishes’ law for the purposes of a qualified immunity analysis”).