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14 Maine opinions name it 2 courts 1938–2022 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.
| Case | Followed | Cited |
|---|---|---|
Barkley v. Good Will Home Ass'ngreen2 sentences2022Barkley v. Goodwill Home Assocs., 495 A.2d 1238, 1240 (Me. 1985). 2022Barkley v. Goodwill Home Assocs., 495 A.2d 1238, 1240 (Me. 1985). | 1 | 1 |
Penobscot Nation v. Stilphengreen1 sentence2020In Penobscot Nation v. Stilphen, 461 A.2d 478, 489 (Me. 1983), the Law Court applied the rule of ejusdem generis, and described it in the following terms: "By the familiar ejusdem generis rule, a general term followed by a list of illustrations is ordinarily assumed to embrace only concepts similar to those illustrations." The description of this rule of construction has been cited with approval by several subsequent Law Court opinions. | 1 | 1 |
New Orleans Tanker Corp. v. Department of Transportationgreen2 sentences2020See, e.g., New Orleans Tanker Corp., 1999 ME 67 , ~ 7, 728 A.2d 673 ; Henry Banks v. Maine RSA#l, 1998 ME 272 , ~ 7, 721 A.2d 655 ; Clarke v. Olsten Certified Healthcare Corp., 1998 ME 180 , ~ 6, 714 A.2d 823 ; Buker v. Town of Sweden, 644 A.2d 1042, 1044 (Me. 1994). 2020See, e.g., New Orleans Tanker Corp., 1999 ME 67 , ~ 7, 728 A.2d 673 ; Henry Banks v. Maine RSA#l, 1998 ME 272 , ~ 7, 721 A.2d 655 ; Clarke v. Olsten Certified Healthcare Corp., 1998 ME 180 , ~ 6, 714 A.2d 823 ; Buker v. Town of Sweden, 644 A.2d 1042, 1044 (Me. 1994). | 1 | 1 |
Buker v. Town of Swedengreen1 sentence2020See, e.g., New Orleans Tanker Corp., 1999 ME 67 , ~ 7, 728 A.2d 673 ; Henry Banks v. Maine RSA#l, 1998 ME 272 , ~ 7, 721 A.2d 655 ; Clarke v. Olsten Certified Healthcare Corp., 1998 ME 180 , ~ 6, 714 A.2d 823 ; Buker v. Town of Sweden, 644 A.2d 1042, 1044 (Me. 1994). | 1 | 1 |
State v. Portergreen2 sentences2016Application of the Law Court's standard "properly balances the driver' s right to be free from excessive restraint by the State against the public ' s right not to be placed at risk by an impaired driver. " Porter, 2008 ME 175 , if9 (quotation marks and citations omitted). 2016Reviewing similar factual situations, the Law Court upheld the stop in State v. Pelletier, 54 l A. 2d 1296, 1296-97 (Me.1988) (The officer followed defendant's vehicle for four to five miles ,, .) and stopped it after observing the vehicle cross the centerline three times and drift onto the shoulder once over the distance.); Porter, 2008 ME 175, 112-3, 12 (Within a quarter of a mile, the defendant drove onto the fog line, then over the centerline by a foot, and then onto the center and fog lines again.); State v. LaForge, 2012 ME 65 , 43 A.3d 961 (The officer saw defendant drive onto the cente | 1 | 1 |
Nightingale v. Leachgreen2 sentences2005See Nightingale v. Leach, 2004 ME 22 , { 1, 4-5, 842 A.2d 1277, 1278-80 . 744, 747, n.2 (1991). 2005See Nightingale v. Leach, 2004 ME 22 , { 1, 4-5, 842 A.2d 1277, 1278-80 . 744, 747, n.2 (1991). | 1 | 1 |
Concerned Taxpayers Coalition of Scarborough v. Town of Scarboroughgreen1 sentence2004Under the statutes quoted above, it need only estimate the benefit.” Concerned Taxpayers’ v. Scarborough, 576 A.2d 1368, 1370 (Me. 1990) (holding that pursuant to 30-A MRS.A. § 3442 the benefits to each piece of property did not have to be precisely calculated, just estimated.) Although this case involves § 3442, this court finds the Law Court’s analysis persuasive. | 1 | 1 |
State v. Taylorgreen1 sentence1985In his brief, defendant argues that the Bishop holding has not been extended to testimonial evidence, and that if the Law Court were to rule that motions to suppress illegally obtained testimonial evidence had to be made before trial, the Court should do so only prospectively because counsel relied on the Court’s “past reluctance to make such an extension.” See generally State v. Taylor, 438 A.2d 1279, 1281 (Me.1982) (reserving issue whether motion to suppress testimonial evidence must be made before trial). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Roberts v. American Chain & Cable Co.green1 sentence2011But see Roberts, 259 A.2d at 50-51 (stating that Maine "has never adopted [equitable indemnification] in purely non-contractual situations"). | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
State of Maine v. Timothy Barclift
green
1 sentence2022To establish an objectively reasonable, articulable suspicion, it is not necessary for the police themselves to witness criminal activity, "provided that the tip includes a substantial quantity of predictive description that only someone with knowledge of the described plan of activity could supply, and provided that the police through their own observation or other investigation are able to confirm the accuracy of the predictive description to a significant degree." Id. | 1 | 2022–2022 |
Patricia Sarchi v. Uber Technologies, Inc.
green
2 sentences2022Without explicitly applying it here, this Court looks to the Law Court’s analysis of the enforceability of contracts of adhesion entered into by consumers online in Sarchi v. Uber Techs, Inc. for guidance on the issue. 2022 ME 8 , 268 A.3d 258 . 2022Without explicitly applying it here, this Court looks to the Law Court’s analysis of the enforceability of contracts of adhesion entered into by consumers online in Sarchi v. Uber Techs, Inc. for guidance on the issue. 2022 ME 8 , 268 A.3d 258 . | 1 | 2022–2022 |
Henry Banks v. Maine RSA 1
green
2 sentences2020See, e.g., New Orleans Tanker Corp., 1999 ME 67 , ~ 7, 728 A.2d 673 ; Henry Banks v. Maine RSA#l, 1998 ME 272 , ~ 7, 721 A.2d 655 ; Clarke v. Olsten Certified Healthcare Corp., 1998 ME 180 , ~ 6, 714 A.2d 823 ; Buker v. Town of Sweden, 644 A.2d 1042, 1044 (Me. 1994). 2020See, e.g., New Orleans Tanker Corp., 1999 ME 67 , ~ 7, 728 A.2d 673 ; Henry Banks v. Maine RSA#l, 1998 ME 272 , ~ 7, 721 A.2d 655 ; Clarke v. Olsten Certified Healthcare Corp., 1998 ME 180 , ~ 6, 714 A.2d 823 ; Buker v. Town of Sweden, 644 A.2d 1042, 1044 (Me. 1994). | 1 | 2020–2020 |
Clarke v. Olsten Certified Healthcare Corp.
green
2 sentences2020See, e.g., New Orleans Tanker Corp., 1999 ME 67 , ~ 7, 728 A.2d 673 ; Henry Banks v. Maine RSA#l, 1998 ME 272 , ~ 7, 721 A.2d 655 ; Clarke v. Olsten Certified Healthcare Corp., 1998 ME 180 , ~ 6, 714 A.2d 823 ; Buker v. Town of Sweden, 644 A.2d 1042, 1044 (Me. 1994). 2020See, e.g., New Orleans Tanker Corp., 1999 ME 67 , ~ 7, 728 A.2d 673 ; Henry Banks v. Maine RSA#l, 1998 ME 272 , ~ 7, 721 A.2d 655 ; Clarke v. Olsten Certified Healthcare Corp., 1998 ME 180 , ~ 6, 714 A.2d 823 ; Buker v. Town of Sweden, 644 A.2d 1042, 1044 (Me. 1994). | 1 | 2020–2020 |
Linda J. Clifford v. MaineGeneral Medical Center
green
2 sentences2017If the Law Court' accepted the Report but affirmed the court's March 3 ruling, the case as a whole would be significantly delayed. 1 In the recent past the Law Court declined to accept reports in Littlebrook, Conservatorship of Emma, and Clifford v. Maine General Medical Center, 2014 ME 60 ii 76, 91 A.3d 567 . 2017If the Law Court' accepted the Report but affirmed the court's March 3 ruling, the case as a whole would be significantly delayed. 1 In the recent past the Law Court declined to accept reports in Littlebrook, Conservatorship of Emma, and Clifford v. Maine General Medical Center, 2014 ME 60 ii 76, 91 A.3d 567 . | 1 | 2017–2017 |
State v. LaForge
green
2 sentences2016Reviewing similar factual situations, the Law Court upheld the stop in State v. Pelletier, 54 l A. 2d 1296, 1296-97 (Me.1988) (The officer followed defendant's vehicle for four to five miles ,, .) and stopped it after observing the vehicle cross the centerline three times and drift onto the shoulder once over the distance.); Porter, 2008 ME 175, 112-3, 12 (Within a quarter of a mile, the defendant drove onto the fog line, then over the centerline by a foot, and then onto the center and fog lines again.); State v. LaForge, 2012 ME 65 , 43 A.3d 961 (The officer saw defendant drive onto the cente 2016Reviewing similar factual situations, the Law Court upheld the stop in State v. Pelletier, 54 l A. 2d 1296, 1296-97 (Me.1988) (The officer followed defendant's vehicle for four to five miles ,, .) and stopped it after observing the vehicle cross the centerline three times and drift onto the shoulder once over the distance.); Porter, 2008 ME 175, 112-3, 12 (Within a quarter of a mile, the defendant drove onto the fog line, then over the centerline by a foot, and then onto the center and fog lines again.); State v. LaForge, 2012 ME 65 , 43 A.3d 961 (The officer saw defendant drive onto the cente | 1 | 2016–2016 |
Madore v. Maine Land Use Regulation Commission
green
1 sentence2007Co. to support a setoff in h s particular situation. 1998 ME 178 , 741 A.2d 50 . | 1 | 2007–2007 |
Bourque v. Dairyland Insurance
green
1 sentence2007Co. to support a setoff in h s particular situation. 1998 ME 178 , 741 A.2d 50 . | 1 | 2007–2007 |
State v. Letalien
green
2 sentences2006By distinguishing cases where the burden of in-person registration requirements was ameliorated by an opportunity to seek termination of the registration requirement, the court believes the Law Comi gives some indication of the meaning of its oft-quoted sentence: "[W]e hold that the retroactive application of the lifetime registration requirement and quarterly in-person verification procedures of SORNA of I999 to offenders originally sentenced subject to SORA of I991 and SORNA of 1995, without, at a minimum, affording those offenders any opportunity to ever be relieved of 22 the duty as was pe 2006By distinguishing cases where the burden of in-person registration requirements was ameliorated by an opportunity to seek termination of the registration requirement, the court believes the Law Comi gives some indication of the meaning of its oft-quoted sentence: "[W]e hold that the retroactive application of the lifetime registration requirement and quarterly in-person verification procedures of SORNA of I999 to offenders originally sentenced subject to SORA of I991 and SORNA of 1995, without, at a minimum, affording those offenders any opportunity to ever be relieved of 22 the duty as was pe | 1 | 2006–2006 |
State v. Webster
green
2 sentences2003The court finds the Law Court’s analysis in State v. Webster, 2000 ME 115 , 754 A.2d 976 , to be dispositive. 2003The court finds the Law Court’s analysis in State v. Webster, 2000 ME 115 , 754 A.2d 976 , to be dispositive. | 1 | 2003–2003 |
State v. Beathem
green
1 sentence1985After defendant’s brief was written, this Court decided State v. Beathem, 482 A.2d 860 (Me.1984). | 1 | 1985–1985 |
State v. Brown
green
1 sentence1938Positive is the declaration in State v. Brown, 129 Me., 169, 151 A., 9 (where again the motion was made to the presiding Justice and overruled), as follows: “Statutory intention is that, where treat or gratuity has had, or might have had, an effect unfavorable to the opposing party, the verdict, whether right or not, should be set aside.” “Better that there should be the disturbance of a verdict, the case in which it is returned to stand for trial anew — better, even, that a guilty person should escape punishment — than that there should be countenance of a verdict not free from improper influ | 1 | 1938–1938 |