Case law

Rendell v. Harriman

75 Me. 497 · Supreme Judicial Court of Maine · Dec 28, 1883

Brown, it is suggested that it does not appear that the maker of the note had any authority to bind the town ; but from the opinion it clearly appears that the liability is fixed upon the .agent by force of the terms of the … True, the defendants affixed to their names their official title, with the. name of the corporation in which they held office, but nothing whatever to qualify their promise or in the slightest degree to show it other than

Campbell v. First American Title Insurance

269 F.R.D. 68 · District Court, D. Maine · Aug 4, 2010

It is Plaintiffs’ burden to establish a basis for certification. The First Circuit requires “a rigorous analysis of the prerequisites established by Rule 23.” Smilow v. … Numerosity Plaintiffs have clearly met their burden in establishing that “the class is so numerous that joinder of all members is impracticable.” Fed. R. Civ. P 23(a)(1).

Upstream Watch v. City of Belfast et al.

299 A.3d 25 · Supreme Judicial Court of Maine · Aug 3, 2023

establish Upstream’s status as an aggrieved person as a matter of law. … See § 66-1(c). [¶27] Our review establishes that the administrative record clearly demonstrates as a matter of law that at least one of Upstream’s members was an aggrieved person.

Tripp v. Garey

7 Me. 266 · Supreme Judicial Court of Maine · Apr 15, 1831

Had the defendant been appointed a sergeant and received his warrant as such, and was he qualified to act in that capacity, at the time of his pretended appointment as clerk l Clearly not; — for in the body of the same instrument … If the recital be true, it follows that his clerk’s appointment was prior in time to his sergeant’s warrant; or in other words that he was appointed clerk before he was qualified to act as sergeant.

Wilmington Trust, National Association v. Lisa Berry

2020 ME 95 · Supreme Judicial Court of Maine · Jul 2, 2020

In order to lay the proper foundation, a party must provide, in relevant part, “the testimony 8 of the custodian or another qualified witness,” M.R. … As the party with the burden of proof at trial, Wilmington “must establish on this appeal that contrary findings were compelled by the evidence.” Wuestenberg v.

Malloch v. Maine Employment Security Commission

159 Me. 105 · Supreme Judicial Court of Maine · Mar 18, 1963

“---it is fundamental that we look to the purpose for which a law is enacted and that we avoid a construction which leads to a result clearly not within the contemplation of the lawmaking body. … They each prescribe qualifying conditions required to be met by the employee in order for him to receive the benefits.

The Harriet

11 F. Cas. 588 · U.S. Circuit Court for the District of Maine · May 15, 1840

Penal statutes are to be construed strictly; and cases within the like mischief are not to be drawn within a clause, imposing a prohibition or a forfeiture, unless the words clearly comprehend the case. … It is to the actual facts, that the law looks, and not to any average or apportionment, not established by these facts.

DOE v. REGIONAL SCHOOL UNIT NO 21

District Court, D. Maine · May 29, 2020

Qualified Immunity Sullivan and Lewia also contend that they are entitled to qualified immunity. Defs.’ Mot. 10 & n.5. … “The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Grindle v. Bunker

115 Me. 108 · Supreme Judicial Court of Maine · Jun 7, 1916

Under the established rules, “words and phrases shall be construed according to the common meaning of the language. … Clearly that meant a vacancy in fact. In the revision of 1841, the words “death, resignation or removal” were omitted without any intervening amendatory acts, and the word vacancy stands alone, R.

In Re Shannon R.

461 A.2d 707 · Supreme Judicial Court of Maine · May 26, 1983

It cannot be said that Linda’s contact with the Pennsylvania Department clearly did not qualify as contact with the Maine Department. 9 The June, 1980 report received by the Maine Department from the Pennsylvania Department … Testimony from a child psychologist and a Department social worker established that both children have a good relationship with their foster families and are developing well.

Church v. McKee

387 A.2d 754 · Supreme Judicial Court of Maine · Jun 23, 1978

The employer and his insurance carrier appeal from a decree of the Industrial Accident Commission denying their request that a portion of the employee’s disability payments be made from the Second Injury Fund established … The legislature clearly intended to expand the kinds of pre-existing conditions which an employee could have and still be eligible for compensation from the Second Injury Fund.

Pro Con, Inc. v. Interstate Fire & Casualty Co.

794 F. Supp. 2d 242 · District Court, D. Maine · Jun 30, 2011

Thus, before it is entitled to a determination of the duty to defend, Pro Con must first establish at the outset that it qualifies as an additional insured. … As previously stated, these allegations clearly establish that the injury arose out of CCS’s operations performed for Pro Con.

State v. Metzger

999 A.2d 947 · Supreme Judicial Court of Maine · Jul 20, 2010

The court’s ruling will be upheld unless it is clearly erroneous. State v. … The result here is the same: on these facts the District Court did not clearly err in finding that the victim’s statements qualified as excited utterances. 2.

In Re Marcial O.

728 A.2d 158 · Supreme Judicial Court of Maine · Apr 26, 1999

A commitment order is reviewed on questions of law, and the District Court’s findings of fact are not set aside unless they are clearly erroneous. … A *163 commitment order is reviewed on questions of law, and the District Court’s findings of fact are not set aside unless they are clearly erroneous.

Lewis v. Webb

3 Me. 326 · Supreme Judicial Court of Maine · May 15, 1825

In form they did not, but if it was such in substance and effect, it would clearly be a violation of the spirit if not of the very language of the constitution. … It is the province of the legislature to make and establish laws ; and it is the province and duty of Judges to expound and apply them.

Palmer v. Inhabitants of Sumner

133 Me. 337 · Supreme Judicial Court of Maine · Mar 11, 1935

Redding was the duly appointed and qualified Road Commissioner for the Town of Sumner. “2. That the said John F. … Not assenting, however, he has no statutory right of action, “unless the language employed clearly indicates such an intention.”

Waterville Industries, Inc. v. Finance Authority

758 A.2d 986 · Supreme Judicial Court of Maine · Sep 27, 2000

SOVEREIGN IMMUNITY [¶ 21] FAME also contends that Waterville’s claim against FAME is barred because of sovereign immunity. … See 10 M.R.S.A. § 1005(4) (Supp.1983), repealed by P.L.1983, ch. 519, § 6 (effective Sep. 23, 1983). 11 That provision clearly subjected the MGA to suits for breach of contract.

Samaan v. St. Joseph Hospital

274 F.R.D. 41 · District Court, D. Maine · Apr 1, 2011

Samaan cannot establish a foundation to qualify Drs. Walsh or Hussein as expert witnesses on the Efficacy of t-PA in this case. Id. at 6-8. The Defendants draw the Court’s attention to Dr. … Hussein is qualified to testify about the efficacy of t-PA.” Def.’s Mot. at 7-8. They note that Mr. Samaan has produced medical records that seem to establish “that Dr.

CTC Communications Corp. v. Bell Atlantic Corp.

77 F. Supp. 2d 124 · District Court, D. Maine · Jan 12, 1999

Only sham recourse to governmental agencies and the courts is not immune. Id. at 58 , 113 S.Ct. 1920 . … While these statutes do not establish a “clearly articulated and affirmatively expressed state policy,” Midcal, 445 U.S. at 105 , 100 S.Ct. 937 , by specifically authorizing Bell’s use of termination penalties and cancellation

City of Auburn v. Tri-State Rubbish, Inc.

630 A.2d 227 · Supreme Judicial Court of Maine · Aug 5, 1993

Accordingly, the City and MMWAC are shielded from the federal antitrust laws by state action immunity. IV. … Then, the statute will be upheld unless the burden on commerce clearly exceeds the local benefits. 16 Id.