Case law

Ingalls v. Brown

460 A.2d 1379 · Supreme Judicial Court of Maine · Jun 10, 1983

The language in the body of the affidavit submitted by the attorney clearly complies with the requirements of the rule. The affidavit states: “upon information and belief which I believe to be true ....” … In these circumstances, the inclusion in the jurat of qualifying language is of no consequence.

PIKE v. BUDD

District Court, D. Maine · Aug 23, 2023

reach the circumstances of this case was not (and is not) clearly established. … immunity.

United States v. Lochin

523 F. Supp. 2d 43 · District Court, D. Maine · Nov 13, 2007

Caselaw is clear in this District and the First Circuit that, in order to qualify for the “safety valve,” a defendant must make a full and complete proffer to the government before the sentencing hearing begins. … Establishing the deadline for truthfulness as the moment the sentencing hearing starts, however, does not necessarily mean that truthful behavior up until then immunizes later dishonesty.

TAIT v. LAKE REGION SCHOOL DISTRICT

District Court, D. Maine · Aug 7, 2024

The qualified immunity inquiry follows a two-part test: (1) whether the facts alleged by the plaintiff make out a violation of a constitutional or other federal right, and (2) whether the right was clearly established … The clearly established prong of the qualified immunity standard adds starch to Daggett’s arguments for dismissal because the question becomes not what is merely plausible under a slightly watered-down legal standard,

In re Child of Taylor M.

2025 ME 7 · Supreme Judicial Court of Maine · Jan 30, 2025

[A] court’s finding is clearly erroneous when there is no competent evidence in the record to support it.” … § 4055 (2024) must also be independently established by clear and convincing evidence.

Dimmitt v. Ockenfels

220 F.R.D. 116 · District Court, D. Maine · Mar 9, 2004

Paragraph 31, on the other hand, presents what is clearly hearsay, trial testimony of Donald Saastamoinen, and will be stricken on that basis. … officers could have possessed under the cir- *126 eumstances, they are entitled to immunity.

OUELLETTE v. GAUDETTE

District Court, D. Maine · Feb 12, 2021

Qualified Immunity Mr. Beaupre previously argued the law was not clearly established in 1987/88 that his after-the-fact referral of reports made against Mr. … If the constitutional right and the availability of supervisory liability that underlie a plaintiff’s § 1983 claim are both clearly established, the qualified immunity analysis “reduces to the test of objective legal reasonableness

Rowe v. Bennett

514 A.2d 802 · Supreme Judicial Court of Maine · Aug 27, 1986

At the hearing on the motion, the DHRS withdrew without prejudice the defense of charitable immunity. … Accordingly Bennett, as a qualified social worker who undertook treatment of the plaintiff, and DHRS, as Bennett’s employer and supervisor, were under a duty to provide care in accordance with the standards of practice applicable

Mahar v. StoneWood Transport

823 A.2d 540 · Supreme Judicial Court of Maine · May 1, 2003

Concluding that the stabbing was outside the scope of employment, the court observed that the employee was not authorized to leave his truck to stab a motorist, and doing so clearly demonstrated his motivation to serve his … While driving the truck too fast or following another vehicle too closely might not have been “actuated by a purpose to serve the master,” this limitation in subsection (2) must be qualified by the sections and comments of

Spiller v. State

627 A.2d 513 · Supreme Judicial Court of Maine · Jun 23, 1993

Under time honored rules of construction, a statute will not be presumed to create contractual rights, binding future legislatures, unless the intent to do so is clearly stated. National R.R. Passenger Corp. v. … This well-established presumption is grounded in the elementary proposition that the principal function of a legislature is not to make contracts, but to make laws that establish the policy of the state.

Bean v. Green

12 Me. 422 · Supreme Judicial Court of Maine · Jun 15, 1835

—The attempt on the part of common carriers, to limit and qualify the liability imposed upon them by the common law, although to be sustained when notice of it is clearly carried home to the knowledge of the party to be affected … The cases cited by the counsel for the defendants, establish the doctrine, that notice to the porter, messenger, or agent, by whom the parcel or package is sent by the owner, is notice to him.

Smith v. Aroostook Cnty.

376 F. Supp. 3d 146 · District Court, D. Maine · Mar 27, 2019

A Title II plaintiff therefore must establish: (1) that [s]he is a qualified individual with a disability; (2) that [s]he was either excluded from participation in or denied the benefits of some public entity's services, … MacDonald testified, that the Plaintiff was lucky enough to avoid the worst possible outcomes of forced withdrawal in the past does not mean she is immune to risk. See Tr. 138:1-14.

Sears, Roebuck & Co. v. State Tax Assessor

52 A.3d 941 · Supreme Judicial Court of Maine · Aug 28, 2012

Ouellette, Labonte, Roberge & Allen, P.A., 637 F.3d 32 , 36-37 & n. 7 (1st Cir.2011), establishing selective prospectivity in Maine. … With this reading, we clearly held that only a retailer who had charged off the account as worthless could qualify for the credit. [¶ 12] Therefore, it is unnecessary for us to decide whether Linnehan Leasing applies retroactively

Inhabitants of Whiting v. Inhabitants of Lubec

121 Me. 121 · Supreme Judicial Court of Maine · Feb 9, 1922

Analysis makes evident the purpose of the statute to qualify the otherwise prevailing rule. Laws of 1911, Chapter 120. Taxation is an essential attribute of sovereignty. … This immunity does not result from a want of power in the legislature. Dillon Mun. Corp., Section 1396.

Gautschi v. Maisel

565 A.2d 1009 · Supreme Judicial Court of Maine · Nov 8, 1989

This conditional privilege entitled Maisel to immunity for slander unless he abused the privilege — for example by making the statement outside normal channels or with malicious intent. See Saunders v. … Maisel’s motion for summary judgment clearly established that he was entitled to the conditional privilege unless he abused it.

LaPlante v. United Parcel Service, Inc.

810 F. Supp. 19 · District Court, D. Maine · Jan 20, 1993

The Maine Human Rights Commission is established by statute. … Instead, the Maine Civil Rights Act is clearly a statute designed to provide relief when none is otherwise available. Here, LaPlante has a specific set of remedies available to her under the Maine Human Rights Act.

City of Bath v. Reed

78 Me. 276 · Supreme Judicial Court of Maine · Jun 11, 1886

(Ky.) 433, it was held that where by statute an officer holds for a given terra, and until his successor is elected and qualified, he continues in office until his successor is duly elected and qualified, though from failure … assessors intended to tax, it would be manifestly unjust that he should escape taxation for so trivial a cause as an error, mistake or omission in his designation, when his identity with the party designed to be taxed can be established

Estate of Anderson

468 A.2d 612 · Supreme Judicial Court of Maine · Dec 9, 1983

Anderson could qualify as prime beneficiary under the terms of the will. … by the first clause [of the will] ... and shall qualify as the sole legatee thereunder.

Econugenics, Inc. v. Bioenergy Life Sci., Inc.

381 F. Supp. 3d 1082 · District Court, D. Maine · May 7, 2019

In addition, ecoNugenics alleged that "[c]omparative testing by qualified laboratories confirmed that ... the [MCP sold by] the Defendants is 'certainly not MCP with the ability to enter mammalian circulation and bind heavy … In this case, the parties have clearly engaged on the merits of the action.

Homeward Residential, Inc. v. Marianne A. Gregor

122 A.3d 947 · Supreme Judicial Court of Maine · Aug 11, 2015

The foundation must be laid by a witness who is a “custodian or another qualified witness.” M.R. Evid. 803(6); Greenleaf, 2014 ME 89, ¶ 25, 96 A.3d 700. … The loan analyst that Homeward Residential/Ocwen offered was simply not qualified to lay the foundation necessary to admit the printout.