two step analysis (Maine) · Go Syfert
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two step analysis in Maine

5 Maine opinions name it 1 courts 2002–2022 3 in the last five years

The cases below were cited by Maine courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Neal L. Weinstein v. Old Orchard Beach Family Dentistry, LLCgreen
me · 2022 · cited in 1 Maine opinions naming this issue, 2022–2022
1 sentence

2022See Weinstein, 2022 ME 16 , ,r 5, --- A.3d --- ("The Plaintiff's failure to meet either portion of their prima facie burden requires that the Court grant the special motion to dismiss with no further procedure.") With this two step framework in mind, and guided by the Law Court's very recent decision in Weinstein, this court cautiously embarks on an analysis of the Defendants' special motion.

11
Terry v. Ohiogreen
scotus · 1968 · cited in 1 Maine opinions naming this issue, 2015–2015
1 sentence

2015State v. Storey, 1998 ME 161 ~ 12, 713 A.2d 331 , citing Terry v. Ohio, 392 U.S. 1, 20 (1968).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Maine. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
John P. Thurlow v. Zakia C. Nelson green
me · 2021
2 sentences

2022Democratic Party, 2012 ME 57, 1131-33 , 41 A.3d 551 , and refashioned in Thurlow v. Nelson, 2021ME58,119, 263 A.3d 494 .

2022Democratic Party, 2012 ME 57 , ,r,r 31-33, 41 A.3d 551 , and refashioned in Thurlow, 2021 ME 58 , ,r 19, 263 A.3d 494 . 5 The first step, a question of law, requires the trial court to "determine whether the claims against the moving party are based on the moving party's exercise of the right to petition pursuant to the federal or state constitutions." Thurlow, 2021 ME 58 , ,r 12, 263 A.3d 494 .

22022–2022
Morse Bros., Inc. v. Webster green
me · 2001
2 sentences

2022This statutory framework for deciding special motions to dismiss results in a two step analysis that was adopted by the Law Court in Morse Bros. v. Webster, 2001 ME 70, 119 , 772 A.2d 842 , refined in Nader v. Me.

2022This statutory framework for deciding special motions to dismiss results in a two step analysis that was adopted by the Law Court in Morse Bros. v. Webster, 2001 ME 70, 119 , 772 A.2d 842 , refined in Nader v. Me.

22022–2022
Nader v. Maine Democratic Party green
me · 2012
2 sentences

2022Democratic Party, 2012 ME 57, 1131-33 , 41 A.3d 551 , and refashioned in Thurlow v. Nelson, 2021ME58,119, 263 A.3d 494 .

2022Democratic Party, 2012 ME 57, 1131-33 , 41 A.3d 551 , and refashioned in Thurlow v. Nelson, 2021ME58,119, 263 A.3d 494 .

22022–2022
Morin v. Maine Education Ass'n green
me · 2010
2 sentences

2022In deciding the Plaintiffs' Motion, this Court engaged in the two step analysis fashioned by the Law Court for disqualification motions in Morin, 2010 ME 36 , ,i 9, 993 A.2d 1097 .

2022In deciding the Plaintiffs' Motion, this Court engaged in the two step analysis fashioned by the Law Court for disqualification motions in Morin, 2010 ME 36 , ,i 9, 993 A.2d 1097 .

12022–2022
State v. Storey green
me · 1998
2 sentences

2015State v. Storey, 1998 ME 161 ~ 12, 713 A.2d 331 , citing Terry v. Ohio, 392 U.S. 1, 20 (1968).

2015State v. Storey, 1998 ME 161 ~ 12, 713 A.2d 331 , citing Terry v. Ohio, 392 U.S. 1, 20 (1968).

12015–2015
Neil v. Biggers green
scotus · 1972
2 sentences

2002Maine has adopted the two step test or procedure set forth in Neil v. Biggers, 409 U.S. 188 93 S.Ct.375, 34 L.Ed. 2d 401 (1972) by which to evaluate out-of-court identifications.

2002Maine has adopted the two step test or procedure set forth in Neil v. Biggers, 409 U.S. 188 93 S.Ct.375, 34 L.Ed. 2d 401 (1972) by which to evaluate out-of-court identifications.

12002–2002

Where else courts name it

TX 120 (1978–2026) IN 34 (1981–2020) CT 32 (1986–2024) OH 23 (1990–2025) LA 22 (1985–2024) WA 22 (2005–2025) PA 21 (1976–2025) CA 20 (2001–2026) NJ 16 (1987–2026) IL 15 (1977–2026) DE 14 (1986–2024) MN 12 (1990–2024) DC 11 (1978–2019) AL 10 (1989–2016) CO 8 (1987–2025) FL 8 (1994–2025) MO 8 (1980–2019) AZ 7 (1985–2023) WI 6 (1978–2021) HI 6 (1993–2020) GA 5 (1979–2025) ME 5 (2002–2022) NC 5 (1992–2024) MD 5 (1998–2026) IA 4 (1981–2023) UT 3 (1991–1993) OR 3 (1986–2020) NV 3 (2017–2024) ID 3 (2020–2025) OK 3 (1991–2007) MA 3 (2023–2024) WY 3 (2009–2014) TN 3 (1998–2026) NY 2 (2008–2010) ND 2 (1999–2011) AK 2 (1974–1986) NE 2 (1983–2017) MI 2 (1978–2024) NM 2 (1979–2009) VA 2 (1990–2005) KS 2 (2018–2025) MS 2 (2005–2007)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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