Case law

Page v. General Electric Co.

391 A.2d 303 · Supreme Judicial Court of Maine · Sep 1, 1978

Under the principle stated above, this was sufficient to establish incapacity. Lancaster v. Cooper Industries, supra; Ray’s Case, 122 Me. 108 , 119 A. 191 (1922). Ray’s Case presented the same situation. … Under 26 M.R.S.A. § 1192(3), in order to qualify for unemployment benefits it is necessary for an unemployed person to be “able to work”; therefore, the appellants argue, Mrs.

State v. Longley

483 A.2d 725 · Supreme Judicial Court of Maine · Nov 1, 1984

The trial court’s decision that Phillips was qualified to testify as an expert on accident reconstruction certainly fell within its reasonable discretion. … No culpable state of mind is required to establish the offense of operating under the influence of intoxicating liquor or drugs.

State v. Reeves

499 A.2d 130 · Supreme Judicial Court of Maine · Oct 4, 1985

The decision of the suppression justice must stand unless “clearly erroneous.” Id. A finding of fact is not clearly erroneous if there is any competent evidence in the record to support it. State v. … To establish an abuse of discretion under Rule 16(d) is a difficult task.

Portland Cellular Partnership v. Inhabitants of the Town of Cape Elizabeth

139 F. Supp. 3d 479 · District Court, D. Maine · Sep 30, 2015

The question thus becomes whether, for purposes of the Spectrum Act, the Town’s zoning amendments qualify the Water Tower as a structure that, at the time of Verizon’s permit application, supported or housed qualifying equipment … The use of the equipment shelter to support Verizon’s antennas will, therefore, be “clearly incidental and related to that of the principal building,” i.e., the Water Tower.

ROSS v. POLKY

District Court, D. Maine · Oct 22, 2024

Maine, 527 U.S. 706, 728-29 (“The Eleventh Amendment confirmed, rather than established, sovereign immunity as a constitutional principle . . . .”). … CLARK Clark argues that she is entitled to qualified immunity.

Cram v. Bangor House Proprietary

12 Me. 354 · Supreme Judicial Court of Maine · Jun 15, 1835

It was a contract directly in aid of the purposes, for which the corporation was created, and clearly within the authority of the directors. … Every immunity conferred on a corporation, is in the nature of an exclusive privilege, as is the corporate character itself.

TAIT v. LAKE REGION SCHOOL DISTRICT

District Court, D. Maine · Mar 4, 2024

They also allege that Daggett “violated clearly established law that her 3 Plaintiffs do not articulate a request for any relief other than monetary damages, costs, interest, and attorney’s fees, although the conclusion … City of Providence, R.I., 596 F.3d 38, 55 n.23 (1st Cir. 2010) (“Unlike individual defendants, municipalities are not entitled to qualified immunity.”).

State v. Anaya

438 A.2d 892 · Supreme Judicial Court of Maine · Dec 29, 1981

Although the defendant did not testify, the record clearly shows that she was relying on a theory of self-defense or provocation 1 to mitigate or justify her conduct. … We agree with the District of Columbia Court of Appeals, and various commentators, 2 that where the psychologist is qualified to testify about the battered wife syndrome, and the defendant establishes her identity as a battered

Maine Human Rights Commission v. City of Auburn

408 A.2d 1253 · Supreme Judicial Court of Maine · Dec 7, 1979

a qualified certification. … However, the record clearly establishes that in the previous five years, 1974-78, only one out of thirteen female applicants (7.7%) had been certified, as opposed to 20% of the male applicants.

RAMEAU

District Court, D. Maine · Jul 14, 2026

established law. … Defendants argue that qualified immunity shields the female corrections officers who were present during Plaintiff’s labor and delivery, citing Brown v. Cumberland County, 687 F. Supp. 3d 150, 164 (D. Me. 2023).

State v. Boilard

488 A.2d 1380 · Supreme Judicial Court of Maine · Mar 15, 1985

Under such circumstances, the clearly erroneous standard is inapplicable. See State v. Johnson, 413 A.2d 931, 933 (Me.1980). 2. … I would not adopt a rule that a police officer is in all cases immune from criminally trespassing while he purportedly carries out his official duties.

Doe v. School Administrative District No. 19

66 F. Supp. 2d 57 · District Court, D. Maine · Aug 31, 1999

Deliberate Indifference After establishing actual notice, Plaintiffs must also present evidence that the response of school officials was clearly unreasonable and rose to the level of deliberate indifference. … immunity.

Lesieur v. Lausier

148 Me. 500 · Supreme Judicial Court of Maine · Apr 17, 1953

The law on this point has been clearly expressed by this court. … How could he have more clearly shown that he waived his claim that he was elected mayor than by qualifying for his judgeship?

Mercier v. Town of Fairfield

628 A.2d 1053 · Supreme Judicial Court of Maine · Jul 29, 1993

Mercier presented sufficient evidence to establish his interest in continued employment. … A contract of employment for an indefinite period is terminable at the will of either party unless the parties have clearly stated their intention to restrict the common law rule. Staples v. Bangor Hydro-Elec.

KEENAN v. TOWN OF SULLIVAN

District Court, D. Maine · Sep 29, 2023

“The doctrine of qualified immunity shields officers from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ … Maine, 849 F.3d 521, 523 (1st Cir. 2017) (vacating dismissal based on qualified immunity on a 12(b)(6) motion where the complaint articulated a clearly established constitutional violation, albeit in bare-bones fashion,

New England Herald Development Group v. Town of Falmouth

521 A.2d 693 · Supreme Judicial Court of Maine · Feb 25, 1987

Clearly, the Plaintiff satisfies the first part of the test for standing, in that it was a “party” to the administrative procedure. … . § 287 (1978) “Rules for determining the existence of a partnership” the present arrangement appears to qualify as a partnership.

Montrose v. Heckler

579 F. Supp. 240 · District Court, D. Maine · Feb 1, 1984

The Secretary here is clearly in default of the requirements placed upon her by Rule 12(a) of the Federal Rules of Civil Procedure and the explicit language of 42 U.S.C. § 405 (g). … Such conduct is deserving of the severest condemnation in a case of this type which involves a claimant who is so penurious that he has qualified to have in forma pauperis status conferred upon him in order that he may pursue

Chadwick v. Stilphen

105 Me. 242 · Supreme Judicial Court of Maine · Mar 5, 1909

In the case at bar the probate court not only had jurisdiction of the subject matter but the record of its proceedings under the statutes of this State clearly shows its authority and power to grant letters testamentary to … Chadwick as co-execútor, and conclusively establishes the validity of its decree. Whether or not Celia S.

Witt v. Secretary of Labor

397 F. Supp. 673 · District Court, D. Maine · Jun 3, 1975

Clearly, the prohibition against sex discrimination in Regulation 60.6(e) falls squarely within the Secretary’s authority under Section 212(a) (14) to deny labor certifications which adversely affect “working conditions” … Witt has only six employees at her establishment. There is no merit in this contention.

In Re Thomas D.

854 A.2d 195 · Supreme Judicial Court of Maine · Aug 4, 2004

He had a significant and largely untreated medical condition of crossed eyes at the time he went into the Department’s custody, and some of his basic immunizations had been neglected. B. … then‘considered the evidence regarding Angela’s reunification efforts and concluded that she did not have the “ability to rise to the required very high level of parenting for Tommy that will be difficult for even the most qualified