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6 Maine opinions name it 2 courts 1895–2019 0 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.
| Case | Followed | Cited |
|---|---|---|
A.T. Cross Co. v. Royal Selangor(s) PTE, Ltd.green1 sentence2005Cross Co. v. Royal Selangor(s) PTE, Ltd., 217 F.Supp.2d 229, 234 (D.R.I.2002) (stating in connection with a challenge to an arbitration clause, “[i]t does not matter, contrary to defendant’s argument, that plaintiffs challenge could also apply to the existence of the entire contract.”). [¶ 16] Stenzel and Gerber’s assertion that the arbitration clause is illusory is based on the reservation clause in the preamble: “These terms and conditions are subject to change without prior written notice at any time, in Dell’s sole discretion.” Stenzel and Gerber assert that Dell’s unfettered right to alte | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maine. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Millien v. Colby College
green
2 sentences2019First, Millien involved a student handbook with a reservation clause that expressly gave the college "the right to unilaterally alter the terms of the handbook without notice to the students." 2005 ME 66 , 'l[ 3, 874 A.2d 397 . 2019First, Millien involved a student handbook with a reservation clause that expressly gave the college "the right to unilaterally alter the terms of the handbook without notice to the students." 2005 ME 66 , 'l[ 3, 874 A.2d 397 . | 2 | 2011–2019 |
Prima Paint Corp. v. Flood & Conklin Mfg. Co.
green
2 sentences2005Whether the Agreement to Arbitrate is Illusory [¶ 15] As a preliminary matter, Dell, citing Prima Paint Corp. v. Flood & *141 Conklin Manufacturing Co., 388 U.S. 395 , 87 S.Ct. 1801 , 18 L.Ed.2d 1270 (1967), contends that the court should not have considered Stenzel and Gerber’s claim that the reservation clause renders the arbitration clause illusory. 2005Whether the Agreement to Arbitrate is Illusory [¶ 15] As a preliminary matter, Dell, citing Prima Paint Corp. v. Flood & *141 Conklin Manufacturing Co., 388 U.S. 395 , 87 S.Ct. 1801 , 18 L.Ed.2d 1270 (1967), contends that the court should not have considered Stenzel and Gerber’s claim that the reservation clause renders the arbitration clause illusory. | 1 | 2005–2005 |
Williams v. Androscoggin & Kennebec Rail Road
green
1 sentence1973Co., 1853, 36 Me. 201 , restated the fact that the rule applicable to the monthly progress payment clause would not necessarily be the same as that applicable to the reservation clause respecting the payment of the retainage money, reciting as it did: “whether the one fourth which was reserved, should ever become payable, depended upon the contingency of the contract being fully performed; . . . .” The parties to the instant building contract had dissimilar purposes in mind when they conditioned, upon the architect’s certificate of approval, the right to receive both, 1) progress payments at p | 1 | 1973–1973 |
Perkins v. Stockwell
neutral
1 sentence1910"Whether a particular provision is intended to operate as an exception or reservation is to be determined by its character rather than by the particular words used.” Perkins v. Stockwell, 131 Mass. 529 ; Ring v. Walker, 87 Maine, 550. | 1 | 1910–1910 |
Ashcroft v. Eastern Railroad
green
1 sentence1895Blake v. Madigan, 65 Maine, 522, 529; Ashcroft v. Eastern Railroad, 126 Mass. 196, 199 . | 1 | 1895–1895 |
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.