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11 Maine opinions name it 1 courts 2002–2023 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 |
|---|---|---|
Steeves v. Bernstein, Shur, Sawyer & Nelson, P.C.green2 sentences2023See Steeves v. Bernstein, Shur, Sawyer & Nelson, P.C., 1998 ME 210 , ,r 10 n.8, 718 A.2d 186 . 9 Under Maine Law, a member of an LLC owes other members various fiduciary duties. 2023See Steeves v. Bernstein, Shur, Sawyer & Nelson, P.C., 1998 ME 210 , ,r 10 n.8, 718 A.2d 186 . 9 Under Maine Law, a member of an LLC owes other members various fiduciary duties. | 2 | 2 |
Bryan R. v. Watchtower Bible & Tract Society of New York, Inc.green2 sentences2015"The elements of a fiduciary relationship are '(1) the actual placing of trust and confidence in fact by one party in another, and (2) a great disparity of position and influence between the parties at issue."' Ramsey v. Baxter Title Co., 2012 ME 113 , <JI 7, 54 A.3d 710 (quoting Bryan R. v. Watchtower Bible & Tract Soc'y of N.Y., Inc., 1999 ME 144 , <JI 19, 738 A.2d 839 ). 2015"The elements of a fiduciary relationship are '(1) the actual placing of trust and confidence in fact by one party in another, and (2) a great disparity of position and influence between the parties at issue."' Ramsey v. Baxter Title Co., 2012 ME 113 , <JI 7, 54 A.3d 710 (quoting Bryan R. v. Watchtower Bible & Tract Soc'y of N.Y., Inc., 1999 ME 144 , <JI 19, 738 A.2d 839 ). | 1 | 2 |
Thomas M. Brooks v. John R. Lemieuxgreen2 sentences2021Legal Ct., P.A., 2000 ME 214 , ,r 8, 763 A.2d 121 ; see also Lemieux, 2017 ME 55 , ,r 7 n.4, 157 A.3d 798 (upholding the trial court's grant of summary judgment on the "derivative torn claim[]" of breach of fiduciary duty for failure to produce prima facie evidence of causation.) For the same reasons as the court granted summary judgment on the professional negligence claim for the Awakening Recovery Center and the 94 Pierce St. issues and denied summary judgment on the Viking Restoration claim, the court dies the same with the breach of fiduciary duty claim. 2021Legal Ct., P.A., 2000 ME 214 , ,r 8, 763 A.2d 121 ; see also Lemieux, 2017 ME 55 , ,r 7 n.4, 157 A.3d 798 (upholding the trial court's grant of summary judgment on the "derivative torn claim[]" of breach of fiduciary duty for failure to produce prima facie evidence of causation.) For the same reasons as the court granted summary judgment on the professional negligence claim for the Awakening Recovery Center and the 94 Pierce St. issues and denied summary judgment on the Viking Restoration claim, the court dies the same with the breach of fiduciary duty claim. | 1 | 1 |
Thoms v. Dingleygreen1 sentence2018See Thoms v. Dingley, 70 Me. 100, 102 (1879); 2 Harvey & Merritt, Maine Civil Practice § 9.6 (3d ed. 2011); see also Horton McGehee, Maine Civil Remedies"§ 4-3(a) (2d 1996) (While there is "no hard and fast means of differentiating between general and special damages, ... one criterion is whether the damages in question could virtually alwuys be expected to occur as a result of the wrong complained of.") Plaintiff had knowledge of these expenses from the outset of the case but did not identify them specifically as compensatory 4 As to plaintiff's final ground for justifying the jury's award-un | 1 | 1 |
Curtis v. Portergreen2 sentences2011See Curtis v. Porter, 2001 ME 158 , ,-r 19, 784 A.2d 18, 26 . 2011See Curtis v. Porter, 2001 ME 158 , ,-r 19, 784 A.2d 18, 26 . | 1 | 1 |
Shostak v. Shostakgreen2 sentences2005See, e.g., Shostak v. Shostak, 2004 ME 75 , 851 A.2d 515 . 11 undone, and because the statute does not provide a means of obtaining other damages, Gilman believes that this count cannot apply to him, and must therefore be dismissed. 2005See, e.g., Shostak v. Shostak, 2004 ME 75 , 851 A.2d 515 . 11 undone, and because the statute does not provide a means of obtaining other damages, Gilman believes that this count cannot apply to him, and must therefore be dismissed. | 1 | 1 |
Hoitt v. Hallgreen1 sentence2005Determining who is the winning party relies on whether failure to show damages on the breach of fiduciary duty claim ameliorates the court's judgment that defendants breached their fiduciary duty, because surmising the "prevailing party" is based "upon the merits, not upon the damages." Hoitt v. Hall, 661 A.2d 669, 674 (Me. 1995). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maine. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Meridian Medical Systems, LLC v. Epix Therapeutics, Inc.
neutral
2 sentences2023Meridian Med Sys., LLC v. Epix Therapeutics LLC, 2021 ME 24 , ,i 12, 250 A.3d 122 . 2023Sys., LLC v. Epix Therapeutics, Inc., 2021 ME 24 , 'l[ 12, 250 A.3d 122 . 18-C M.R.S. § 5-313(1) (2021) provides that "[a] guardian for an adult is a fiduciary." 18-C M.R.S. § 5-313(3) provides, in pertinent part: A guardian for an adult at all times shall exercise reasonable care, diligence and prudence when acting on behalf of or making decisions for the adult subject to guardianship. | 2 | 2023–2023 |
Niehoff v. Shankman & Associates Legal Center, P.A.
green
2 sentences2021Legal Ct., P.A., 2000 ME 214 , ,r 8, 763 A.2d 121 ; see also Lemieux, 2017 ME 55 , ,r 7 n.4, 157 A.3d 798 (upholding the trial court's grant of summary judgment on the "derivative torn claim[]" of breach of fiduciary duty for failure to produce prima facie evidence of causation.) For the same reasons as the court granted summary judgment on the professional negligence claim for the Awakening Recovery Center and the 94 Pierce St. issues and denied summary judgment on the Viking Restoration claim, the court dies the same with the breach of fiduciary duty claim. 2021Legal Ct., P.A., 2000 ME 214 , ,r 8, 763 A.2d 121 ; see also Lemieux, 2017 ME 55 , ,r 7 n.4, 157 A.3d 798 (upholding the trial court's grant of summary judgment on the "derivative torn claim[]" of breach of fiduciary duty for failure to produce prima facie evidence of causation.) For the same reasons as the court granted summary judgment on the professional negligence claim for the Awakening Recovery Center and the 94 Pierce St. issues and denied summary judgment on the Viking Restoration claim, the court dies the same with the breach of fiduciary duty claim. | 1 | 2021–2021 |
Estate of Thomas E. Cabatit v. Stephen A. Canders
green
2 sentences2017Plaintiff Vose points out that Maine recognizes that an attorney may owe a duty to a non-client "when an attorney's actions are intended to benefit a third party and where policy considerations support it ..." Estate efCabatit v. Canders, 2014 ME 133 , ~21, 105 A.3d 439, 446 . 2017Plaintiff Vose points out that Maine recognizes that an attorney may owe a duty to a non-client "when an attorney's actions are intended to benefit a third party and where policy considerations support it ..." Estate efCabatit v. Canders, 2014 ME 133 , ~21, 105 A.3d 439, 446 . | 1 | 2017–2017 |
Ramsey v. Baxter Title Co.
green
2 sentences2015"The elements of a fiduciary relationship are '(1) the actual placing of trust and confidence in fact by one party in another, and (2) a great disparity of position and influence between the parties at issue."' Ramsey v. Baxter Title Co., 2012 ME 113 , <JI 7, 54 A.3d 710 (quoting Bryan R. v. Watchtower Bible & Tract Soc'y of N.Y., Inc., 1999 ME 144 , <JI 19, 738 A.2d 839 ). 2015"The elements of a fiduciary relationship are '(1) the actual placing of trust and confidence in fact by one party in another, and (2) a great disparity of position and influence between the parties at issue."' Ramsey v. Baxter Title Co., 2012 ME 113 , <JI 7, 54 A.3d 710 (quoting Bryan R. v. Watchtower Bible & Tract Soc'y of N.Y., Inc., 1999 ME 144 , <JI 19, 738 A.2d 839 ). | 1 | 2015–2015 |
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.