Case law

Mumme v. United States Department of Labor

150 F. Supp. 2d 162 · District Court, D. Maine · Jul 17, 2001

The principle of sovereign immunity generally bars all tort claims against the United States. … The United States retains sovereign immunity against such a claim. See id.

Dowley v. Morency

1999 Me. 137 · Supreme Judicial Court of Maine · Sep 27, 1999

four elements by clear and convincing evidence: 1) possession up to a visible line marked clearly by monuments, fences or the like; 2) actual or constructive notice to the adjoining landowner of the possession; 3) conduct … Campbell, 411 A.2d 667, 669 (Me.1980). 5 .The Dowleys argue that this finding was clearly erroneous because it reveals that the court based its judgment upon a remote, 1870 deed provided to the court in a large stack of “

United States v. Romano

241 F. Supp. 933 · District Court, D. Maine · May 19, 1965

United States, supra. [4] Under the view of Aldrich, J., concurring in Rosencranz, all three present defendants clearly have standing to file pretrial motions to suppress the evidence in question, since they are "parties … Clearly in the present case it furnished "a substantial basis for crediting" the anonymous information received by the affiant, Jones v.

Taylor v. Hill

464 A.2d 938 · Supreme Judicial Court of Maine · Aug 26, 1983

Those findings are clearly erroneous. Dr. … Friedman testified that he knew the standard of care applicable to a general surgeon, and the record establishes that he was qualified to testify about that standard.

Lane Construction Corp. v. Town of Washington

942 A.2d 1202 · Supreme Judicial Court of Maine · Mar 11, 2008

Under either anal *1209 ysis, the Planning Board permissibly rejected Lane’s application for the accessory permits. [¶ 21] The Town’s Land Use Ordinance defines “accessory uses” as those uses “clearly incidental and subordinate … Because the Planning Board lacks authority under the ordinance to impose fees after the fact, on an ad hoc basis, we vacate the Planning Board’s decision to impose fees beyond the established $50 permit fee. E.

Plourde v. Dirigo Counseling Clinic, LLC

Superior Court of Maine · Jan 20, 2021

Burlock are protected by qualified immunity; and 4) Plaintiffs complaint does not contain sufficient factual allegations to permit the court to infer that Defendants have violated Plaintiffs substantive due process rights … Burlock's alleged activities in conspiring to spy upon and illicitly obtain a psychiatric evaluation of Plaintiff are protected by prosecutorial immunity or qualified immunity.

State of Maine v. Abdirahmon A. Abdullahi

298 A.3d 815 · Supreme Judicial Court of Maine · Jul 27, 2023

[¶21] Under Maine Rule of Evidence 701, lay witnesses may provide testimony in the form of opinions or inferences as long as the testimony is “(a) [r]ationally based on the witness’s perception; and (b) [h]elpful to clearly … As to the testimony admitted without objection, Abdullahi does not contend that the court committed obvious error nor, in light of the clearly admissible evidence of Abdullahi’s guilt, do we see any. State v.

Shostak v. United States Postal Service

662 F. Supp. 158 · District Court, D. Maine · Jun 9, 1987

Plaintiff was sent such a letter of termination on February 9 and was able to pass a qualifying test on February 11, thereby avoiding automatic termination. … In addition, the Court finds it probative that there has clearly been no pattern of age discrimination at the Lewiston Post Office.

Wood v. United States

148 F. Supp. 2d 68 · District Court, D. Maine · Jun 21, 2001

Generally, a plaintiff bears the burden of establishing subject matter jurisdiction. See Pejepscot Indus. Park, Inc. v. Maine Cent. R. Co., 215 F.3d 195, 200 (1st Cir.2000). … To the extent such a crack in the United States’ sovereign immunity possibly exists, Plaintiffs claims simply do not fit through this narrow opening. IV.

State v. Therriault

485 A.2d 986 · Supreme Judicial Court of Maine · Dec 31, 1984

The party offering the record, defendant in the present case, must produce the custodian of the record, or “other qualified witness,” to establish the first three requirements listed above. State v. … Had the justice not made this ruling, defense counsel would have called the custodian of the records or other qualified *995 witness to establish a proper foundation for admission under Rule 803(6).

Beaulieu v. the Aube Corp.

796 A.2d 683 · Supreme Judicial Court of Maine · May 15, 2002

City of Westbrook, 2001 ME 179, ¶ 6 , 787 A.2d 141, 143 (noting that the MTCA is a “‘limited relaxation’ of common-law sovereign immunity”); Ziegler v. American Maize-Prods. … The central purpose of the MTCA was to restore the common law sovereign immunity that had been abrogated by this Court in Davies v. City of Bath, 364 A.2d 1269 (Me. 1976).

Hiersche v. Brassard (In Re Brassard)

162 B.R. 375 · United States Bankruptcy Court, D. Maine · Jan 5, 1994

A clearly articulated theory to establish that the discharge should be revoked and/or a clearly articulated theory under any other aspect of pertinent law that would establish that plaintiffs claims survive the defendant’ … Chapter 7 relief promises qualified debtors discharge of most prepetition indebtedness. 11 U.S.C. §§ 523 & 727.

United States v. Oliveira

287 F. Supp. 3d 97 · District Court, D. Maine · Dec 12, 2017

Mulkern's guilty plea to trafficking in heroin, a crime that under Maine law is established by a two gram threshold. Id. … As used in Maine criminal statutes, unless the context clearly requires otherwise, "traffick" means: A. To make, create, manufacture; B. To grow or cultivate, except for marijuana; C.

Inhabitants of Phillips v. Inhabitants of Kingfield

19 Me. 375 · Supreme Judicial Court of Maine · Jun 15, 1841

It is however a well established rule, that no particular acts of immorality or crime can be stated. … It assumes, that it was clearly established by the proof, that the husband had no control over the members of his family when the supplies were furnished; and if he had no such control, the instruction was fully authorized

Nichols v. Land Transport Corp.

103 F. Supp. 2d 25 · District Court, D. Maine · Nov 9, 1999

actions that are done with a private, rather than a work-related, purpose to commit wrongdoing are outside of the scope of employment and render the motivation of the employee, in performing the act at issue a crucial, immunity-related … This requirement relates directly to the foreseeability of the agent’s act, and establishes the simple principle that the master should not be held responsible for the agent’s conduct when that conduct is outside the contours

Bangor, Oldtown & Milford Railroad v. Smith

47 Me. 34 · Supreme Judicial Court of Maine · Jul 1, 1859

These proceedings clearly show an acceptance of the Act. Bank U. S. v. Dandridge, 12 Wheat., 64 . … These facts we must assume as established by legal evidence.

Fiacco v. Sigma Alpha Epsilon Fraternity

484 F. Supp. 2d 158 · District Court, D. Maine · Apr 5, 2007

From the ample record before the Court, Fiacco qualifies as a public official. … This Court has previously established three maxims with regard to what qualifies as a public controversy: “purely private disputes do not give rise to public controversies, the implications of the controversy in question

Kelley v. Maine Public Employees Retirement System

967 A.2d 676 · Supreme Judicial Court of Maine · Mar 12, 2009

December 2004, the medical board stated in memoranda to the executive director that “no functional limitations are considered warranted at this time” and “[t]here is not enough information in the recent medical records to establish … Tests concerning the issue of substantially gainful activity are clearly discretionary. 10 .

Magno v. Town of Freeport

486 A.2d 137 · Supreme Judicial Court of Maine · Jan 4, 1985

The party seeking summary judgment has the burden of demonstrating clearly that there is no genuine issue as to any material fact and that he is entitled to a judgment in his favor as a matter of law. Atkins v. … In the instant case, the defendant’s supportive affidavits of the town manager-treasurer and of the town tax assessor fully qualified under Rule 56 to support summary judgment in favor of the town.

Patrick Langevin v. Allstate Insurance Company

66 A.3d 585 · Supreme Judicial Court of Maine · Jun 4, 2013

As we stated clearly in Jacobi v. … Vigna did not establish that emotional distress always constitutes “bodily injury” when determining whether an insurer has a duty to indemnify.