15 Maine opinions name it 2 courts 1986–2025 4 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 |
|---|---|---|
Potter, Prescott, Jamieson & Nelson, P.A. v. Campbellgreen2 sentences2025See Potter, Prescott, Jamieson & Nelson, P.A. v. Campbell, 1998 ME 70, ¶ 8 , 708 A.2d 283 . 2025See Potter, Prescott, Jamieson & Nelson, P.A. v. Campbell, 1998 ME 70, ¶ 8 , 708 A.2d 283 . | 1 | 1 |
Estelle v. Gamblegreen1 sentence2022See id. at 106 ("In order to state a cognizable claim, a prisoner must allege acts or omissions sufficiently harmful to evidence deliberate indifference to serious medical needs. | 1 | 1 |
Arbour v. Hazeltongreen1 sentence2021To assert a cognizable claim of fraud against Storey, Scott and Falby must allege that (1) Storey, through his agent, made a false representation; (2) of a material fact; (3) with knowledge of its falsity or in reckless disregard of whether it was true or false; (4) for the 2"Under Maine law a principal is liable for the fraudulent misrepresentations made by his agent within the scope of the agent's authority, whether or not the principal knows of the agent's misconduct." Arbour v. Hazelton, 534 A.2d 1303, 1306 (Me. 1987). 3 purpose of inducing Scott and Falby to act in reliance upon it; and ( | 1 | 1 |
Town of Eddington v. University of Maine Foundationgreen2 sentences2017See Town ofEddington v. Universdy ofMaine Foundation,_ 2007 ME 74 , , 5, 926 A.2d 183, 184 ; Heber v. Lucerne-in-Me. 2017See Town ofEddington v. Universdy ofMaine Foundation,_ 2007 ME 74 , , 5, 926 A.2d 183, 184 ; Heber v. Lucerne-in-Me. | 1 | 1 |
Creative Environments, Inc. v. Robert Estabrookgreen1 sentence2007In analyzing whether Count II states cognizable constitutional claims, the court looks to a series of First Circuit decisions beginning with Creative Environments Inc. v. Estabrook, 680 F.2d 822, 833 (1"1 Cir. 1982), that have addressed alleged constitutional violations in the context of challenges to the actions of zoning and planning boards. 1 In considering a motion to dismiss, the court should consider the allegations in the complaint as true, and should examine the complaint in the light most favorable to plaintiff. | 1 | 1 |
Mueller v. Penobscot Valley Hospitalgreen1 sentence1993Carey v. Piphus, 435 U.S. 247, 259 , 98 S.Ct. 1042, 1050 , 55 L.Ed.2d 252 (1978); Mueller v. Penobscot Valley Hosp., 538 A.2d 294, 300 (Me.1988). | 1 | 1 |
Gould, Inc. v. Wisconsin Department of Industry, Labor and Human Relationsgreen1 sentence1986See also Gould, Inc. v. Wisconsin Department of Industry, Labor and Human Relations, 750 F.2d 608, 616 (7th Cir.1984) (Supremacy Clause violation does not present a cognizable claim under section 1983). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maine. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Schelling v. Lindell
green
2 sentences2016Such emotional distress would therefore not rise to a level that is "so severe that no reasonable [person] could be expected to endure it." See Schelling v. Lindell, 2008 ME 59 , <JI 26, 942 A.2d 1226 ("Stress, humiliation, loss of sleep, and anxiety occasioned by the events of every day life are endurable.") Thus, the complaint fails to state a cognizable claim for IIED. 2016Such emotional distress would therefore not rise to a level that is "so severe that no reasonable [person] could be expected to endure it." See Schelling v. Lindell, 2008 ME 59 , <JI 26, 942 A.2d 1226 ("Stress, humiliation, loss of sleep, and anxiety occasioned by the events of every day life are endurable.") Thus, the complaint fails to state a cognizable claim for IIED. | 2 | 2016–2016 |
Moody v. State Liquor & Lottery Commission
green
1 sentence2022The issuance of a right to sue letter is alleged in~ 50 the amended complaint, and the court can consider that letter pursuant to Moody v. State Liquor & Lottery Commission, 2004 ME 20 ~ 11. | 1 | 2022–2022 |
Flaherty v. Muther
green
2 sentences2021Barr v. Dyke, 2012 ME 108 ,r 16, 49 A.3d 1280 (citing Flaherty v. Muther, 2011 ME 32 ,r 45, 17 A.3d 640 ). 2021Barr v. Dyke, 2012 ME 108 ,r 16, 49 A.3d 1280 (citing Flaherty v. Muther, 2011 ME 32 ,r 45, 17 A.3d 640 ). | 1 | 2021–2021 |
Kaechele v. Kenyon Oil Co., Inc.
green
2 sentences2017Nevertheless, the court concludes that under the Law Court's decision in Kaechele v. Kenyon Oil Co., 2000 ME 39 , 747 A.2d 167 , York has stated a cognizable claim for negligence. 2017Nevertheless, the court concludes that under the Law Court's decision in Kaechele v. Kenyon Oil Co., 2000 ME 39 , 747 A.2d 167 , York has stated a cognizable claim for negligence. | 1 | 2017–2017 |
Saunders v. Tisher
green
2 sentences2016In ruling on a motion to dismiss, the court views the facts in the complaint as admitted, Saunders v. Tisher, 2006 ME 94 , 1 8, 902 A.2d 830 , and then considers whether the complaint "sets forth elements of a cause of action or alleges facts that would entitle the plaintiff to relief pursuant to some legal theory." Doe v. Graham, 2009 ME 88, 12 , 977 A.2d 391 (citation omitted). 2016In ruling on a motion to dismiss, the court views the facts in the complaint as admitted, Saunders v. Tisher, 2006 ME 94 , 1 8, 902 A.2d 830 , and then considers whether the complaint "sets forth elements of a cause of action or alleges facts that would entitle the plaintiff to relief pursuant to some legal theory." Doe v. Graham, 2009 ME 88, 12 , 977 A.2d 391 (citation omitted). | 1 | 2016–2016 |
Doe v. Graham
green
2 sentences2016In ruling on a motion to dismiss, the court views the facts in the complaint as admitted, Saunders v. Tisher, 2006 ME 94 , 1 8, 902 A.2d 830 , and then considers whether the complaint "sets forth elements of a cause of action or alleges facts that would entitle the plaintiff to relief pursuant to some legal theory." Doe v. Graham, 2009 ME 88, 12 , 977 A.2d 391 (citation omitted). 2016In ruling on a motion to dismiss, the court views the facts in the complaint as admitted, Saunders v. Tisher, 2006 ME 94 , 1 8, 902 A.2d 830 , and then considers whether the complaint "sets forth elements of a cause of action or alleges facts that would entitle the plaintiff to relief pursuant to some legal theory." Doe v. Graham, 2009 ME 88, 12 , 977 A.2d 391 (citation omitted). | 1 | 2016–2016 |
Jody L. Savage v. Maine Pretrial Services, Inc.
neutral
2 sentences2015Savage v. Maine Pretrial Servs., Inc., 2013 ME 9 , ~ 2, 58 A.3d 1138 . 2015Savage v. Maine Pretrial Servs., Inc., 2013 ME 9 , ~ 2, 58 A.3d 1138 . | 1 | 2015–2015 |
Loe v. Town of Thomaston
green
1 sentence2011Champagne, 1998 ME 87 , ~ 16, 711 A.2d at 847 (citing Loe v. Town cifThomaston, 600 A.2d 1090, 1093 (Me. 1998)). | 1 | 2011–2011 |
Champagne v. Mid-Maine Medical Center
green
2 sentences2011Champagne, 1998 ME 87 , ~ 16, 711 A.2d at 847 (citing Loe v. Town cifThomaston, 600 A.2d 1090, 1093 (Me. 1998)). 2011Champagne, 1998 ME 87 , ~ 16, 711 A.2d at 847 (citing Loe v. Town cifThomaston, 600 A.2d 1090, 1093 (Me. 1998)). | 1 | 2011–2011 |
Will v. Michigan Department of State Police
green
2 sentences1993Defendants counter that this claim must fail because neither MTCS nor CMTC are “persons” subject to suit under 42 U.S.C. § 1983 . 8 In Will v. Michigan Dept of State Police, 491 U.S. 58 , 109 S.Ct. 2304 , 105 L.Ed.2d 45 (1989), the Supreme Court held that neither a state, state agency, nor state official sued in an official capacity is a “person” subject to suit pursuant to § 1983. 1993Defendants counter that this claim must fail because neither MTCS nor CMTC are “persons” subject to suit under 42 U.S.C. § 1983 . 8 In Will v. Michigan Dept of State Police, 491 U.S. 58 , 109 S.Ct. 2304 , 105 L.Ed.2d 45 (1989), the Supreme Court held that neither a state, state agency, nor state official sued in an official capacity is a “person” subject to suit pursuant to § 1983. | 1 | 1993–1993 |
Carey v. Piphus
green
2 sentences1993Carey v. Piphus, 435 U.S. 247, 259 , 98 S.Ct. 1042, 1050 , 55 L.Ed.2d 252 (1978); Mueller v. Penobscot Valley Hosp., 538 A.2d 294, 300 (Me.1988). 1993Carey v. Piphus, 435 U.S. 247, 259 , 98 S.Ct. 1042, 1050 , 55 L.Ed.2d 252 (1978); Mueller v. Penobscot Valley Hosp., 538 A.2d 294, 300 (Me.1988). | 1 | 1993–1993 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.