Case law

Lambert v. Wentworth

423 A.2d 527 · Supreme Judicial Court of Maine · Dec 11, 1980

Setting aside for the time being any consideration of the first stated class, we note that the sole differential criterion establishing entitlement to tax exemption benefits between equally qualified veterans of the other … Board of Trustees, Michigan Veterans Trust Fund, D.C.W.D.Mich., 369 F.Supp. 1327 (1973) (five year durational residency requirement to qualify for aid from the Veterans Trust Fund).

Brawn v. Oral Surgery Associates

819 A.2d 1014 · Supreme Judicial Court of Maine · Mar 14, 2003

She remembers the office appointment very clearly and remembers Dr. Estabrooks being very belittling. He continued to tell her not to worry about the implant. When she saw Dr. … Any countervailing interest in guarding against imposing potentially burdensome requirements for finding patients who may have relocated can be addressed by qualifying the duty so that the physician or oral surgeon need only

Davis v. Secretary of State, Division of Motor Vehicles

577 A.2d 338 · Supreme Judicial Court of Maine · Jul 3, 1990

The record before us clearly contradicts Davis’s characterization of the proceedings and the examiner’s decision. … Is incompetent to drive a motor vehicle. . 29 M.R.S.A. § 547 (Supp.1989) provides for the establishment of a Medical Advisory Board and for the promulgation of regulations to establish guidelines defining what constitutes

Hale v. State

433 A.2d 374 · Supreme Judicial Court of Maine · Aug 6, 1981

1396a(a)(10)(C) further provides that a State may choose to extend medical assistance to persons who do not qualify for the “categorically needy” level of assistance. … regulation, custom, or usage, of any State or Territory, 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

Page v. Amtrak, Inc.

168 F. Supp. 3d 337 · District Court, D. Maine · Mar 3, 2016

I therefore take the existence of the operating agreement as established. . … The defendant qualified its response to the plaintiffs additional material fact paragraph 20, asserting that the statement was not accurately reflected in the record cited. Def.'s RSAF ¶ 20.

The Bank of New York Mellon v. Danielle Shone

239 A.3d 671 · Supreme Judicial Court of Maine · Oct 22, 2020

does not qualify employees of the possessing party to lay the requisite foundation, and reliance by the organization on records created by others, 8 although an important part of establishing trustworthiness, without more … of trustworthiness, or can establish accuracy by other means, the necessary foundation may be established.”

Martel v. Inhabitants of Town of Old Orchard

404 A.2d 994 · Supreme Judicial Court of Maine · Aug 10, 1979

Improper venue may be raised by the defendant by motion or by answer, and if it is established that the action was brought in the wrong county, it shall be dismissed and the defendant allowed double costs. … We are reluctant to import that portion of 14 M.R.S.A. § 501 (Supp.1978), requiring dismissal with double costs imposed, into 14 M.R.S.A. § 505 (1964) when such is not clearly required.

Town of Sanford v. United States

961 F. Supp. 16 · District Court, D. Maine · Apr 8, 1997

I conclude that a municipality with a perfected lien on real estate for the collection of real estate taxes, whose officials have no knowledge of the illegal activities occurring on the real estate, qualifies as an “inno … a private owner, it goes back on to the tax rolls for the Town, whereas if the Government still owned it on a succeeding April 1, no taxes could be collected for that subsequent tax year, since the federal Government is immune

Cragin v. United States

684 F. Supp. 746 · District Court, D. Maine · Apr 19, 1988

It claims, in the alternative, that the first DPT vaccine did not cause Jill’s meningitis or weaken her natural immunity to the disease. … This cannot be what Congress intended when it enacted this limitation on the government’s waiver of immunity from suit.

United States v. Booker

555 F. Supp. 2d 218 · District Court, D. Maine · May 27, 2008

Congress “established with the Lautenberg Amendment a policy of zero tolerance when it comes to guns and domestic violence.’ ” Id. at 5 (quoting statement of Sen. Lautenberg, 142 Cong. Rec. S8831 (daily ed. … The new Maine domestic violence assault statute would not be immune from attack under Leocal .

Estate of Sylvester v. Benjamin

767 A.2d 297 · Supreme Judicial Court of Maine · Mar 14, 2001

“A trial court’s factual finding is ‘clearly erroneous’ only if there is no competent evidence in the record to support it.” Id. … The court’s conclusion that, based on the evidence, Groton failed to establish that a disparity of position existed between Sylvester and his sister was not clearly erroneous, and a contrary conclusion is not compelled by

Gillespie v. Town of Southwest Harbor

675 A.2d 501 · Supreme Judicial Court of Maine · Apr 25, 1996

In A.F.A.B. the trial court specifically found that A.F.A.B. had met all of the elements of its unjust enrichment claim, but denied recovery based on municipal immunity. A.F.A.B., 639 A.2d at 104 . … In Aladdin we found that the trial court’s determination that it would be unjust to allow the Town to retain the benefit of the plaintiffs work on the same baseball stadium without payment for its value was not clearly erroneous

State v. Fournier

267 A.2d 638 · Supreme Judicial Court of Maine · Jul 16, 1970

In order to prove its case against the defendant Fournier and one Gardner Corey, a co-defendant, the State extended immunity to Leo and called him as its own witness. … It is a long established rule that a party calling a witness may not by general evidence impeach his competency or credibility. But, as stated in State v.

Penobscot Nation v. Fellencer

999 F. Supp. 120 · District Court, D. Maine · Mar 13, 1998

To recognize an absolute tribal immunity from the discrimination laws of the State would clearly frustrate the important state policies that the MHRA serves. … There clearly are certain tribal government employment decisions that cannot be regulated by the State because they are inherent to independent organization or .governance.

State of Maine v. Troy D. Hastey

196 A.3d 432 · Supreme Judicial Court of Maine · Nov 6, 2018

The text of the charge clearly indicates that Hastey was charged pursuant to 29 M.R.S. § 1312-B(1) (Supp. 1989): “(1) Offense. … Citing the “categorical approach”3 established by federal courts to determine whether certain prior state convictions qualify as predicate offenses under certain federal laws, see, e.g., Taylor v.

ecoNugenics, Inc. v. Bioenergy Life Sci., Inc.

355 F. Supp. 3d 785 · District Court, D. Maine · Jan 10, 2019

In addition, ecoNugenics alleged in its original complaint that "[c]omparative testing *788 by qualified laboratories confirmed that ... the [MCP sold by] the Defendants is 'certainly not MCP with the ability to enter mammalian … This initial factual assertion only clearly alleges indirect infringement of the patents by Bioenergy; in its legal claims, however, ecoNugenics' original complaint purported to also plead direct infringement by Bioenergy

Caron v. Pratt

336 A.2d 856 · Supreme Judicial Court of Maine · Apr 23, 1975

And he does not qualify as an expert in the field of otolaryngology.” Plaintiff did not present any medical or expert testimony other than the disputed deposition. … Defendant’s legal obligation to the plaintiff was clearly defined in Coombs v. King, 107 Me. 376 , 78 A. 468 (1910). “The measure of a physician’s legal responsibility has been stated many times by this court.

Delogu v. State

720 A.2d 1153 · Supreme Judicial Court of Maine · Nov 23, 1998

BIW qualifies for the shipbuilding facility credit because of its employment levels and proposed investment levels in the project. … A court must uphold expenditures unless a plaintiff clearly demonstrates that they are not constitutional.

Comparetto v. Diaz Corp.

431 A.2d 1326 · Supreme Judicial Court of Maine · Jul 14, 1981

The worker said that this condition prevented him from undertaking any employment for which he was qualified. … In light of this evidence the Commission’s finding of fact that the worker was 40% disabled is not clearly erroneous and, therefore, will not be disturbed on appeal.

State v. McLaughlin

642 A.2d 173 · Supreme Judicial Court of Maine · May 26, 1994

Cookson’s testimony, despite her best efforts, established the exchange of insults, scratches, and shoves. … Based on the facts before us, we cannot say that the District Court’s finding that Cookson’s statements qualified as excited utterances was clearly erroneous.