Case law

Pippin v. Boulevard Motel Corp.

121 F. Supp. 3d 230 · District Court, D. Maine · Aug 5, 2015

The Court overrules Plaintiffs’ qualified response. Even though the evidence establishes that Ms. … Boulevard Motel submitted a qualified response, stating that Mr. Mello’s testimony establishes that he did not think Ms.

Jackson v. Faber

834 F. Supp. 471 · District Court, D. Maine · Oct 4, 1993

Alexandria Women's Health Clinic, - U.S. -,-, 113 S.Ct. 753, 758 (1993) (declining to decide whether women are a qualifying class under section 1985(3)). 6 . … He does, however, allege facts which establish a strong economic motive for filing the civil action.

ARBOUR

District Court, D. Maine · Oct 21, 2025

to afford due process would not have violated a clearly established right. … “[Q]ualified 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 person

Von Tiling v. City of Portland

268 A.2d 888 · Supreme Judicial Court of Maine · Aug 21, 1970

As the Legislature has not seen fit to establish a uniform procedure the cities are free to adopt machinery which appears best suited to their particular needs. … In order to declare a municipal ordinance invalid because it is unreasonable or unconstitutional, the invalidity must be clearly and satisfactorily shown, and must be palpable and manifest.

Eric v. Warnquist v. State Tax Assessor

2019 ME 19 · Supreme Judicial Court of Maine · Jan 29, 2019

In this case, the qualified foreign jurisdiction is Rogaland, Norway, as neither party disputes. [¶19] In order to receive a credit for income tax paid to a qualified foreign jurisdiction, the foreign income on … Section 5217-A assumes that the qualified foreign jurisdiction calculates taxable income using AGI with a provision analogous to 36 M.R.S. § 5142.7 If a qualified foreign jurisdiction defines taxable income in some other

Risinger Ex Rel. Risinger v. Concannon

117 F. Supp. 2d 61 · District Court, D. Maine · Oct 12, 2000

Plaintiff DRC has adequately established both of these elements. … Nevertheless, the language of 5 M.R.S.A. § 19505 clearly constitutes a positive grant of standing by the Maine legislature.

Robbins v. Maine School Administrative District No. 56

807 F. Supp. 11 · District Court, D. Maine · Nov 23, 1992

relief under their “State Created Danger” theory of substantive due process; (ii) There is no policy or custom of deliberate indifference by Defendants to constitutional violations; (iii) The individual Defendants have a qualified … immunity against Plaintiffs’ constitutional claim; and (iv) Plaintiff Robbins’ appeal of the special education claim is moot.

Town of Frye Island v. State

940 A.2d 1065 · Supreme Judicial Court of Maine · Feb 7, 2008

. [¶ 7] In 2004, the Legislature established a new formula for allocating the cost of education between the member municipalities of state school districts. … Because addressing this concern clearly falls within the Legislature’s authority and duty under the Maine Constitution to provide for public education, we have no difficulty concluding that L.D. 1 is also rationally related

Torrey v. Full Gospel Church of Searsport

394 A.2d 276 · Supreme Judicial Court of Maine · Nov 17, 1978

We cannot say that his factual conclusion was clearly erroneous. … The Superior Court erred in concluding that the District Court’s finding was clearly erroneous.

Golding v. Hi-Way Safety Systems, Inc.

Superior Court of Maine · Apr 15, 2020

The other purp01ts to be the original ­ although no foundation is offered as to who took the photo or how any print from a digital photograph can qualify as more original than any other. … Accordingly, it found that the City had established that the waiver of sovereign immunity in 14 M.R.S. § 8104-A(4) did not apply.

UV Industries, Inc. v. Posner

466 F. Supp. 1251 · District Court, D. Maine · Feb 26, 1979

These factors are plainly sufficient to establish an adequate showing of irreparable injury if such a showing were required. See Sonesta International Hotels Corp. v. … To immunize any such transaction because handled through a broker would nullify and frustrate the objectives of the Maine Legislature in enacting the Maine Takeover Law.

Maine Human Rights Commission Ex Rel. Kellman v. Department of Corrections

474 A.2d 860 · Supreme Judicial Court of Maine · Apr 11, 1984

The defendant clearly had the right to make possession of an “appropriate personality” one qualification for the JCIW positions. … Farr’s testimony was not credible is entitled to deference unless clearly erroneous, we believe the court in this ease has gone too far. The court disbelieved Farr’s testimony that he found Ms.

Green Acre Baha'i Institute v. Town of Eliot

150 Me. 350 · Supreme Judicial Court of Maine · Dec 23, 1954

Certain rules governing situations of this sort are well established. Taxation is the rule and exemption the exception. Park Association v. Saco, supra. … There was also -evidence of a hopeful, though not a clearly planned or definite intention, that the area might in the future be used for the enlargement and development of the institution’s facilities.

MCKENNA v. MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES

District Court, D. Maine · Sep 27, 2024

And, though both Plaintiffs qualify for Shared Living Services at the Single Member Served level, DHHS denied them those services because they live together. … Lombardi, 239 F.3d 23, 27 (1st Cir. 2001) (“[A]llegations in a lawyer’s brief or legal memorandum are insufficient . . . to establish jurisdictional facts.”).

Austin v. Austin

748 A.2d 996 · Supreme Judicial Court of Maine · Apr 7, 2000

Defendant is to prepare a Qualified Domestic Relations Order [QDRO] for that purpose.” … Defendant is to prepare a Qualified Domestic Relations Order for that purpose.”

Johnson v. Amica Mutual Insurance

733 A.2d 977 · Supreme Judicial Court of Maine · Jul 8, 1999

Clearly, any alleged bodily injury or property damage arose out of and in connection with the Johnsons’ trade, profession, or occupation. *980 Therefore, exclusion 1(b) specifically precludes coverage for defense and indemnification … in the Herzog suit. [¶ 7] The general allegations in Her-zog’s complaint give rise to no set of facts that would establish coverage under the policy.

Irving Oil Limited v. ACE INA Insurance

91 A.3d 594 · Supreme Judicial Court of Maine · May 1, 2014

allowing an immediate appeal, for example appeals from the grant or denial of an order for attachment or trustee process, see Alexander, Maine Appellate Practice § 304(b) at 228 (4th ed. 2013); a civil defendant’s claim of immunity … The cost and delay of litigating [absent an interlocutory appeal] does not qualify as a loss of substantial rights or permanent foreclosure of relief. . . .

Hill v. Portland & Rochester Railroad

55 Me. 438 · Supreme Judicial Court of Maine · Jul 1, 1867

It was competent, clearly, for the plaintiff to show that the whistle produced the same effect on his horse that it did on plaintiff’s horse. … But, if such a general custom could be established, it would not be a legitimate defence in this case, or tend to establish it.

Beaulieu v. City of Lewiston

440 A.2d 334 · Supreme Judicial Court of Maine · Jan 27, 1982

Each Maine municipality is required to establish and operate a general assistance program. 22 M.R.S.A. § 4504(1). … By statutory command, each municipality must establish a general assistance program. § 4504(1).

Webber v. International Paper Co.

326 F. Supp. 2d 160 · District Court, D. Maine · Jun 9, 2004

Webber acknowledged that he was less qualified than other project engineers and that there were indeed projects that he was not qualified to do. Mr. … Webber was one of the two least-qualified project engineers. Mr.