Case law

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

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.

Town of China v. Albert Althenn

82 A.3d 835 · Supreme Judicial Court of Maine · Dec 10, 2013

Althenn’s own testimony established that his use of the vehicles was infrequent at best. … It did not misconstrue the applicable law, and its factual findings were not clearly erroneous. 2.

Beach v. Smith

150 F. Supp. 3d 41 · District Court, D. Maine · Dec 10, 2015

Iqbal, 556 U.S. 662 , 129 S.Ct. 1937 , 173 L.Ed.2d 868 (2009) (dismissing a First Amendment Bivens claim based on qualified immunity); Bush v. … immunity).

Lloyd v. Sugarloaf Mountain Corp.

833 A.2d 1 · Supreme Judicial Court of Maine · Sep 25, 2003

that liability for such damages will be fastened on the indemnitor, and words of general import will not be read as expressing such an intent and establishing by inference such liability. … The former clearly and unambiguously releases NORBA and Sugarloaf for "any and all liability" arising from "any negligence, action or omission to act."

State v. Richford

519 A.2d 193 · Supreme Judicial Court of Maine · Dec 23, 1986

James Young, a qualified analytical chemist, who testified he was able to compute the range of blood-alcohol level in an individual, given certain criteria. … Such a finding of reasonable suspicion is not clearly erroneous. Defendant argues that he was not in the process of attempting or conspiring to commit a crime.

Pattangall v. Gilman

115 Me. 344 · Supreme Judicial Court of Maine · Oct 29, 1916

It is admitted that on February 12th, Henry Gilman subscribed and took the required oath to qualify him as a member of said board of dental examiners for said term, and it is admitted that said Henry Gilman was qualified … Sullivan, 81 Ohio St., 79 : “It admittedly is the well established general rule of law that an officer clothed with authority to appoint, cannot, in the absence of express statutory authority, make a valid appointment for

Gerber v. Peters

584 A.2d 605 · Supreme Judicial Court of Maine · Dec 14, 1990

There is nothing in this record that establishes that Peters owed any duty to Gerber or that an attorney-client relationship existed between them. … Clearly, the legal entitlement to Eduard’s custody had already been determined by the court, and Eduard’s return to Maine with Becky was pursuant to the court’s order.

American Martial Arts Foundation v. City of Portland

635 A.2d 962 · Supreme Judicial Court of Maine · Dec 28, 1993

First, the Foundation contends that the board erred in determining that in order to qualify for tax-exempt status pursuant to section 652(1)(B), property must be both (1) owned by the charitable institution and (2) either … The dual requirements of ownership coupled with either occupation or sole use were set forth clearly in Alpha Rho Zeta v. City of Waterville, 477 A.2d 1131, 1136 (Me.1984). See also City of Waterville v.

Willey v. Ives

696 F. Supp. 1388 · District Court, D. Maine · Sep 30, 1988

Neither the statute nor any regulation specifically establishes a bona-fide-effort-to-sell exclusion. … Sovereign Immunity The Secretary moves to dismiss the complaint on the ground that the Maine Superior Court lacked jurisdiction of the Secretary under the doctrine of sovereign immunity and that the federal court therefore

XinXiu Tina Hogan v. Kennebec Valley Community College

2026 ME 5 · Supreme Judicial Court of Maine · Jan 29, 2026

These materials are not clearly organized and are difficult to follow. … courts found no immunity.)

In Re Erika R.

563 A.2d 369 · Supreme Judicial Court of Maine · Aug 4, 1989

By order dated April 21, 1987, and amended to correct typographical errors on July 8, 1987, the court found that DHS had established by a preponderance of the evidence that Erika was in circumstances of jeopardy within the … On appeal our task is limited to determining whether the trial court’s factual findings are “supported by competent evidence and, therefore, not clearly erroneous.”

Avis Rent A Car System, LLC v. Darron Burrill

187 A.3d 583 · Supreme Judicial Court of Maine · Jun 19, 2018

subtracting the undisputed salvage proceeds from the valuations of comparable vehicles offered for sale in the Las Vegas area, identified by an internet review. *594 [¶ 36] Burrill has not demonstrated that the trial court clearly … Thus, rather than nominal damages, damages of at least $155 are established without regard to the propriety, or impropriety, of the claims representative's utilizing the J.D.

State v. RYNE G.

509 A.2d 1164 · Supreme Judicial Court of Maine · May 22, 1986

The juvenile court properly exercised its discretion in finding that the statement did not qualify as an excited utterance. V. … We reject the majority's overly technical view that since the juvenile did not in so many words challenge the constitutionality of the statute, it is immune from scrutiny.

Witzler v. Collins

70 Me. 290 · Supreme Judicial Court of Maine · Oct 29, 1879

The clause in question clearly comes within each and all of these tests. The words used are absolute, explicit and peremptory. … By its terms it clearly included only such as at the time were actually delivered upon the wharf.

E. Coast Test Prep LLC v. Allnurses.com, Inc.

307 F. Supp. 3d 952 · District Court, D. Maine · Jan 29, 2018

Taken as a whole, the Advisory page clearly "warns" (that is, gives notice to, counsels, and informs) Excelsior College students about third-party test prep companies. … First, ATP argues that the statute does not use the word "immunity," but cites only out-of-circuit courts that declined to extend CDA immunity to bar all causes of action against service providers.

In Re Sterling N.

673 A.2d 1312 · Supreme Judicial Court of Maine · Mar 25, 1996

Section 5-207(b) provides: Upon hearing, if the court finds that a qualified person seeks appointment, venue is proper, the required notices have been given, the requirements of section 5-204 have been met, and the welfare … We will uphold the decision of the Probate Court unless its factual findings are clearly erroneous or it has misapplied the law.

In Re All Maine Asbestos Litigation (Biw Cases)

589 F. Supp. 1563 · District Court, D. Maine · Jul 5, 1984

Pennsylvania, 447 U.S. 715, 719, 722 , 100 S.Ct. 2432, 2435, 2437 , 65 L.Ed.2d 458 (1980), the Supreme Court clearly enunciated the three jurisdictional spheres within which marine-related injuries fall. … Concurrent federal and state jurisdiction in the “twilight zone” is now too well established to be disputed. Director v.

Bartlett v. Western Union Telegraph Co.

62 Me. 209 · Supreme Judicial Court of Maine · Jul 1, 1873

If the condition is of binding force, either as a regulation or contract, such clearly would be its effect. … So far as the rule goes, it is in effect the same, or if in any thing different, the one now before us, is more clearly unreasonable.

State v. Blackington

111 Me. 229 · Supreme Judicial Court of Maine · Nov 5, 1913

If, regardless of its form, it is sufficient to prove the threat, then the offense threatened is established. If the language is insufficient, then the proof fails. … The testimony offered was clearly of this character. To the offer and exclusion of the testimony upon each of these contentions exceptions were taken and allowed.