Case law

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 .

State v. Taylor

32 A.3d 440 · Supreme Judicial Court of Maine · Nov 17, 2011

The trial court acts within its discretion to admit the statement or statements into evidence unless its foundational findings are clearly erroneous. Watts, 2007 ME 153, ¶ 5 , 938 A.2d 21 ; State v. … Atkinson, 458 A.2d 1200, 1205 (Me.1983) (stating, in affirming a judgment of conviction for burglary, that “[i]f evidence establishes that after defendant made an unauthorized entry into a structure he [committed a crime]

Linnehan Leasing v. State Tax Assessor

898 A.2d 408 · Supreme Judicial Court of Maine · Mar 31, 2006

their vehicle to be credited against the sums due on their loan. [¶ 25] To judicially estop an entity from asserting a position in a subsequent legal action (1) the position asserted in the subsequent legal action must be clearly … The Lee proposal met all of the criteria for Lee to be a “retailer” qualifying for the bad debt tax credit that we established in DaimlerChrysler, 200 3 ME 27, ¶ 12, 817 A.2d at 865 . [¶ 29] By contrast, under the Linnehan

Lagarde v. Lagarde

437 A.2d 872 · Supreme Judicial Court of Maine · Dec 9, 1981

The answer to this question was relevant as it would have tended to establish bias on the part of the accountant in the same manner as the previous question. … The defendant properly contends that plaintiff’s expert was qualified as a certified public accountant to testify to the value of the stocks held by Mr.

United States v. Currier

644 F. Supp. 228 · District Court, D. Maine · Sep 18, 1986

After a careful review of the evidence in respect to these four convictions, the Court concludes that the Government has failed to establish by a preponderance of the evidence that the Defendant qualifies as a “special offender … The record clearly reflects that the convictions are on appeal to the Maine Law Court.

CENTRAL MAINE MEDICAL CENTER v. Leavitt

552 F. Supp. 2d 50 · District Court, D. Maine · Apr 16, 2008

Medicare is a national program of health insurance for the aged and disabled established by enactment of the Medicare Act in 1965. See, e.g., Telecare Corp. v. … Beyond that, he argued, the Tax, which was assessed on patient-care revenues, clearly is related to patient-care services.

Pat Doe v. Sam Roe

277 A.3d 369 · Supreme Judicial Court of Maine · Jun 28, 2022

BACKGROUND [¶4] The trial court record establishes the following facts and procedural history. See Doe v. Tierney, 2018 ME 101, ¶ 2, 189 A.3d 756. … Second, given the potential implications for future protection from abuse actions and the possibility that trial courts may come to different conclusions, this issue qualifies as a “major unsettled question of law” on

Catir v. Commissioner of the Department of Human Services

543 A.2d 356 · Supreme Judicial Court of Maine · Jun 13, 1988

Along with all other nursing home facilities in the State, Gorham Manor accepted state and federal Medicaid reimbursement for qualifying resident patients pursuant to a standard Medicaid “provider agreement” with the Department … On the contrary, plaintiffs’ affidavits clearly establish that the nursing home refused to accept the lower Medicaid payment and subjected the recipients to the same terms of tenancy offered to any other individual.

ISMAIL v. ROBINSON

District Court, D. Maine · Feb 26, 2024

Next, he contends that, even if a constitutional violation occurred, “he nevertheless would be entitled to qualified immunity because any constitutional violation was not clearly established.” Id. … S/A Robinson Is Entitled to Qualified Immunity S/A Robinson finally asserts that he is entitled to qualified immunity, reasoning that “[a]lthough there was no constitutional violation

Hill v. Hill

144 Me. 224 · Supreme Judicial Court of Maine · Jul 12, 1949

The statement is unsupported by any other evidence clearly pointing to such intent. The intention by the donor to make a gift inter vivos was not clearly manifested. … “There is but one way of making a testamentary disposition of property and that is by will; the statute of wills was invented and adopted for the express purpose of establishing a legally defined procedure to be employed

McGeachey v. Portland Water District

Superior Court of Maine · Nov 20, 2017

Accordingly, the record establishes beyond dispute that the Defendant has insurance coverage, but not coverage beyond the statutory cap. … This is clearly shown by the fact that, in addition to not mentioning lost earnings, the prefatory clause does not mention medical expenses or cost of repair, but those clearly are among the types of damages that can be

Moore v. Abbott

952 A.2d 980 · Supreme Judicial Court of Maine · Jun 17, 2008

), 412(4) (establishing that the Act applies to various public officials, including constitutional officers not created by legislative action). … See supra ¶ 1. [¶ 37] In this instance, although there was no legislative mandate, the panel was clearly created by official governmental action.

Jackson v. Inhabitants of Town of Searsport

456 A.2d 852 · Supreme Judicial Court of Maine · Feb 18, 1983

It is well-established, however, that, “[violation of local law does not necessarily mean that federal rights have been invaded.” Paul v. … Indeed, the deprivation occurred as a result of the unauthorized failure of agents of the State to follow established state procedure.

State v. Knight

43 Me. 11 · Supreme Judicial Court of Maine · Jul 1, 1857

By chapter 61 of the same, page 230, which is entitled *113 “An act for establishing a superior court of judicature, court of assize and general gaol delivery within the province,” (see sec. 1,) such a court is established … The requirement in the same sentence of the established number, and of unanimity, must refer to a jury prepared and qualified in all respects to sit in a trial.

Fisk v. Briggs

12 Me. 373 · Supreme Judicial Court of Maine · Jun 15, 1835

And we are clearly of opinion, that the right to convey, unimpaired by the intrusion of others, which before existed in the Commonwealth, is under the protection of the act of separation. … the established rights of the crown.

Harding v. Brown

153 Me. 331 · Supreme Judicial Court of Maine · Feb 5, 1958

Brown was •duly sworn and qualified. A short time later .Robinson sent to the selectmen ■ a letter of resignation from the board *333 carrying the postscript, “to settle some peoples (sic) opinion.” … If his conduct is such as to clearly indicate that he had relinquished the office, an intention to do so may be imputed to him.”

McInnis v. Town of Bar Harbor

387 A.2d 739 · Supreme Judicial Court of Maine · Jun 2, 1978

The reason behind this well-established rule has particular force in the circumstances of this case. … That objective is clearly distinguishable from that of our own section 52, which requires vocational rehabilitation to be “necessary ... to restore the injured employee to gainful employment.” (Emphasis added) 7 .

Bangor & Piscataquis Railroad v. McComb

60 Me. 290 · Supreme Judicial Court of Maine · Jul 1, 1872

We see no ground to except to this instruction, qualified as it was in the giving, and also qualified by a reference to the former part of the charge, by which all common and indirect damages were excluded. … He instructed the jury clearly and distinctly, that they could not estimate or allow anything equivalent to insurance against actual damage or destruction by fire, occasioned by a locomotive engine of the company.

Collett v. Bither

262 A.2d 353 · Supreme Judicial Court of Maine · Feb 19, 1970

Even though the constitutional provisions speak of “the accused” “in criminal cases”, the principle of immunity from self-incrimination embodied in our State and Federal Constitutions was generally accepted as applicable … established.

State v. Hachey

278 A.2d 397 · Supreme Judicial Court of Maine · Jun 8, 1971

The Defendant has raised the issue of whether or not Trooper Manduca was sufficiently qualified to give expert testimony in the ballistics field. … The Presiding Justice would have clearly been derelict in his duty had he granted the motion for acquittal.