Case law

Venable v. T-MOBILE USA, INC.

603 F. Supp. 2d 211 · District Court, D. Maine · Mar 20, 2009

Qualified to Perform Essential Functions To succeed on either theory, Ms. Venable must show that she was qualified to perform the essential functions of her job with or without a reasonable accommodation. … In effect, so long as the employer could point to some flaw in an employee’s performance that it can cast as failing an essential function, T-Mobile would have its decision to terminate the employee be immune from judicial

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, … 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

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

Noyes v. City of Bangor

540 A.2d 1110 · Supreme Judicial Court of Maine · Apr 20, 1988

Finding that Noyes has established no ground for appellate relief, we join the Superior Court in affirming that decision. … VIII, art. 10, § 3(2), Together Place could qualify for a special exception in a Residential 5 zone only if it is a “community service organization.”

GLADU v. MAGNUSSON

District Court, D. Maine · Dec 5, 2022

Reed, 500 U.S. 478, 496 (1991) (concluding that when providing certain advice to police, prosecutors have qualified but not absolute immunity from liability), or (3) a theory of liability based not on good faith legal advice … O’Brien’s qualified immunity. 3

Johnston v. ME. ENERGY RECOVERY, LTD. P'SHIP

997 A.2d 741 · Supreme Judicial Court of Maine · Jun 10, 2010

We have never held that any activity conducted pursuant to a license is necessarily immune from private actions. … This is not a matter clearly committed by statute to agency decision-making. Cf. R.D.

Mills v. State of Me.

839 F. Supp. 3 · District Court, D. Maine · Dec 21, 1993

LAW ENFORCEMENT The Act establishes special requirements for public employees employed “in law enforcement activities.” 29 . U.S.C. § 213(b)(20). … State probation officers clearly have arrest powers. Specifically, they may make arrests in circumstances involving parole violations. 34-A M.R.S.A. § 5404(2).

State v. Poulin

105 Me. 224 · Supreme Judicial Court of Maine · Mar 2, 1909

Butler was properly appointed and qualified to perform the duties of the office, in accordance with the act of the legislature. It was the duty of Mr. … This doctrine is thoroughly established and, as said in State v.

State v. Thompson

80 Me. 194 · Supreme Judicial Court of Maine · Feb 20, 1888

In the case before us the testimony in proof of the genuineness of the standard, came from witnesses who. if they are to be entitled to credit, were qualified to testify in relation to the genuineness of the defendant’s handwriting … Dana, 52 Maine, 13, where the court in an exhaustive and carefully considered opinion by Rice, J., reviewed the authorities, and stated as a principle well established that the handwriting of a person may be proved by any

Hamilton v. Drummond Woodsum

Superior Court of Maine · Nov 20, 2018

Hamilton's complaint, she would qualify as a governmental employee. … Law Court decisions establish that the designation of a person as an independent contractor does not exclude the possibility that the person would qualify as an employee for purposes of the MTCA.

Brown v. Lunt

37 Me. 423 · Supreme Judicial Court of Maine · Jul 1, 1854

Yet a parol trust may exist, and may be executed voluntarily, and the *435 existence of suck a trust may be established, and ordinarily must be proved by parol evidence. … Welch, 19 Pick. 231 , 236, the conveyance was held to be clearly fraudulent and void in law.

State v. University of Maine

266 A.2d 863 · Supreme Judicial Court of Maine · Jun 30, 1970

Said State Senator is an active and legally qualified candidate for the office of United States Representative for the First District. 13. … A divided Court held that Sec. 315 impliedly afforded defendant immunity from the results of a libel it was powerless to prevent.

Estey v. Commissioner, Maine Department of Human Services

814 F. Supp. 152 · District Court, D. Maine · Feb 17, 1993

This clearly limits the exclusion to energy costs as opposed to nonenergy costs. … HUD and FmHA utility reimbursements do not fall closely enough within the ambit of energy assistance to qualify for the exclusion.

Bezanso v. State, Bureau of Taxation (In Re Warmings A.G. Food Center)

50 B.R. 748 · District Court, D. Maine · Jun 26, 1985

Article 1, § 8, cl. 4 of the United States Constitution authorizes Congress to establish uniform laws on the subject of bankruptcies. … A business entity conducting a liquidation sale outside of bankruptcy clearly would be subject to the state sales tax provision.

State of Maine v. Nicholas E. Westgate

2020 ME 74 · Supreme Judicial Court of Maine · May 26, 2020

as an expert in the field of forensic interviewing and that forensic interviewing is an established—though developing—field that has some reliability. [¶28] Because the trial court properly analyzed the facts … before it as they related to the admissibility of the expert witness’ testimony, the court did not clearly err in finding the State’s witness to be a qualified expert witness.

Portland Pipe Line Corp. v. City of S. Portland

288 F. Supp. 3d 321 · District Court, D. Maine · Dec 29, 2017

And in doing that, we established a city charter, and a city ordinance book ... … "Normally, such a plaintiff must establish more than that the government official's actions were simply arbitrary or erroneous; instead, the plaintiff must establish the defendant's actions constituted a 'gross abuse of power

Freme v. Maher

480 A.2d 783 · Supreme Judicial Court of Maine · Aug 27, 1984

In his report, the referee noted that Article Fifteenth of the will did create a valid trust, and that, although the Ricker bankruptcy “made it impossible to make the trust operative in its precise terms,” the will clearly … We conclude, therefore, that the trust does not fail, and the doctrine of cy pres need not be applied, based upon any want of a qualified, existing beneficiary.

State of Maine v. Nicholas E. Westgate

2020 ME 74 · Supreme Judicial Court of Maine · May 26, 2020

as an expert in the field of forensic interviewing and that forensic interviewing is an established—though developing—field that has some reliability. [¶28] Because the trial court properly analyzed the facts … before it as they related to the admissibility of the expert witness’ testimony, the court did not clearly err in finding the State’s witness to be a qualified expert witness.

BOUCHER v. LEWISTON SCHOOL COMMITTEE

District Court, D. Maine · Mar 11, 2022

clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Pearson v. … “Qualified immunity . . . is intended to protect all but the plainly incompetent or those who knowingly violate the law.

Perry v. Dean

Superior Court of Maine · Jun 5, 2017

In addition, governmental officials are protected from claims under 42 U.S.C. § 1982 under the doctrine of qualified immunity unless their actions violate clearly established statutory or constitutional rights of which … Finally, officials are entitled to qualified immunity unless: 1) the facts that a plaintiff has alleged or shown make out a violation of a constitutional right; and 2) the right at issue was clearly established at the