Case law

United States v. Jones

671 F. Supp. 2d 182 · District Court, D. Maine · Nov 17, 2009

The defendant proceeded to deny the Massachusetts conviction, and put the government to its burden of proof under 851(c) to establish the fact of conviction beyond a reasonable doubt. … I do have the Massachusetts indictment, and it clearly charges a qualifying crime (a felony drug charge).

Banister v. Higginson

15 Me. 73 · Supreme Judicial Court of Maine · Jun 15, 1838

The debtor, having had his residence in this State, had removed therefrom, and had established his domicil elsewhere. … The lien of the creditor, or the title of the debtor, was not impaired by the use of this qualifying term. It was a case then within the first section of the act regulating judicial process and proceedings.

Internal Revenue Service v. Murphy

554 B.R. 535 · United States Bankruptcy Court, D. Maine · Feb 24, 2015

Sovereign immunity can, however, be waived by statute. … Under section 106(a)(1), the Bankruptcy Code waives sovereign immunity as to other enumerated sections of the Code: “Notwithstanding an assertion of sovereign immunity, sovereign immunity is abrogated as to a governmental

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.)

Oakstone v. Postmaster General

397 F. Supp. 2d 48 · District Court, D. Maine · Oct 14, 2005

Oakstone also qualifies the extent of the Postal Service’s ability to exercise its discretion in assigning work. POSMF at ¶¶35, 51, 84. … In Flamingo Industries, the Supreme Court used the two-step analysis for immunity waiver determinations set forth in FDIC v.

United States v. Mahone

328 F. Supp. 2d 77 · District Court, D. Maine · Aug 6, 2004

Homer’s academic training and practical experiences qualifies her as an expert to opine on this issue. See United States v. … Despite its venerable lineage, the science of footwear analysis is not, of course, immune from a successful Daubert challenge. Compare United States v.

Emple Knitting Mills v. City of Bangor

155 Me. 270 · Supreme Judicial Court of Maine · Jun 26, 1959

The appellees are the City of Bangor, and its duly appointed and qualified Assessors for the year 1957. … Inhabitants of Hiram, supra, was to establish a reasonable and sensible formula equally applicable to the finished product and to the materials which make up the finished product.

White v. Farnham

99 Me. 100 · Supreme Judicial Court of Maine · May 25, 1904

If counsel use the' term partner in the ordinary sense, their position, as a matter of legal statement, is undoubtedly correct; but if, by the use of the term, they mean such a qualified relation to M. … What was attempted in this case clearly illustrates the pernicious operation of a law which would allow it. M. M. Grant was ostensibly doing business as an individual. As such he established his credit.

Warren v. Maine State Prison

490 F. Supp. 2d 9 · District Court, D. Maine · Jun 11, 2007

Warren has clearly filed suit against the Prison, an agency of the Maine Department of Corrections, the theory of liability against the Prison is murky. … However, “in order to construct a basis for liability, the injured party must establish that the supervising official was either ‘grossly negligent’ or ‘deliberately indifferent’ in failing to take precautions against the

Moore, Inc. v. City of Westbrook

Superior Court of Maine · Oct 8, 2009

Prot., a case that deals with qualified immunity, Moore asserts that absolute immunity only extends to damages, and does not apply to injunctive relief. 1998 ME 198, 716 A.2d 212. … A public official can claim qualified immunity when it can be established "that given the state of the law a reasonable official would not have understood that he [was violating the plaintiff's rights.]" Id.

State v. Karmil Merchandising Corp.

186 A.2d 352 · Supreme Judicial Court of Maine · Nov 30, 1962

It follows for this reason alone that neither establishment was a drug store. This is not to say that a department in a department store may not qualify as a drug store. … So likewise the drug department, if there were compliance with the statutes, supra, would qualify as a drug store.

State v. Gallant

308 A.2d 274 · Supreme Judicial Court of Maine · Jul 31, 1973

We doubt that greater immunity from border inspection for contraband can be purchased by a few additional cents cost of postage. … Chief Justice Taft states clearly the rationale of the statute: “ . . .

Creamer v. Danks

700 F. Supp. 1169 · District Court, D. Maine · Mar 8, 1988

The reasoning of Dineen clearly contemplates application of the privilege to parties who act as their own attorneys in a judicial proceeding. … Without more, however, this evidentiary rule does not establish that Maine recognizes a tort remedy for breach of that confidentiality, see Logan v.

Dennett v. Acme Manufacturing Co.

106 Me. 476 · Supreme Judicial Court of Maine · Mar 26, 1910

established and unquestioned. … In the case at bar the petitioner’s right to the new certificate of shares was clearly established and unquestioned.

Spence v. Bath Iron Works Corp.

140 Me. 287 · Supreme Judicial Court of Maine · Apr 13, 1944

The evidence to which the second exception relates was clearly inadmissible for any purpose. … That the opinion of qualified experts within their chosen field does not come within this general rule of exclusion is likewise thoroughly established, but the exception here in question relates to evidence of an expert in

United States v. State of Me.

524 F. Supp. 1056 · District Court, D. Maine · Oct 13, 1981

The sliding scale fee at issue clearly satisfies the first part of the test. … Section 6-203(1) also establishes a fixed annual "notification" fee of $10.00 for each creditor.

Harmon v. Fagan

130 Me. 171 · Supreme Judicial Court of Maine · Apr 10, 1931

At some time, the exact date not clearly appearing, the executor indicated his inability to consent to a change of commissioners without the consent of an heir then out of the state. … The creditor then has an established tribunal to which he may present his claim.

Adoption by Stefan S.

223 A.3d 468 · Supreme Judicial Court of Maine · Jan 9, 2020

BACKGROUND [¶2] On July 30, 2018, the mother and stepfather of the children filed petitions to adopt the children the Kennebec County Probate Court, seeking to establish the stepfather as the children’s legal father … Title 18-C M.R.S. §9-308 states that the effect of an adoption is to “divest[] the parent and child of all legal rights, privileges, immunities, duties and obligations to each other as parent and child, except an adoptee

Stoddard v. Fisher

330 F. Supp. 566 · District Court, D. Maine · Jul 27, 1971

Maine participates in the AFDC program established by the Social Security Act of 1935, 42 U.S.C. §§ 601-644 . … mandatory eligibility requirements for the states or allows the states to establish their own, more restrictive, requirements.

Dineen v. Inhabs. of the town of Kittery

Superior Court of Maine · Oct 16, 2006

Eaton and the Town now move for summary judgment, claiming absolute immunity for the Town and discretionary function and/or qualified immunity for Eaton under the MTCA. … Although the language of this policy is not as explicit as the immunity language in Webb because it does not directly mention the MTCA, it does clearly indicate that the Town did not intend to waive the immunity to which