Association motion (Maine) · Go Syfert
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Association motion in Maine

9 Maine opinions name it 2 courts 1939–2025 1 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 (3)

CaseFollowedCited
Ute Park Summer Homes Ass'n v. Maxwell Land Grant Co.green
nm · 1967 · cited in 1 Maine opinions naming this issue, 2011–2011
1 sentence

2011See id.

11
Addy v. Jenkins, Inc.green
me · 2009 · cited in 1 Maine opinions naming this issue, 2011–2011
2 sentences

2011See Addy, 2009 ME 46, ¶ 8 , 969 A.2d at 938 ; cf. Butler v. Poulin, 500 A.2d 257 , 260 & n. 5 (Me.1985) (requiring plaintiff to establish elements of fraud by clear and convincing evidence to avoid directed verdict).

2011See Addy, 2009 ME 46, ¶ 8 , 969 A.2d at 938 ; cf. Butler v. Poulin, 500 A.2d 257 , 260 & n. 5 (Me.1985) (requiring plaintiff to establish elements of fraud by clear and convincing evidence to avoid directed verdict).

11
United Steelworkers v. Enterprise Wheel & Car Corp.green
scotus · 1960 · cited in 1 Maine opinions naming this issue, 1981–1981
2 sentences

1981See United Steelworkers of America v. Enterprise Wheel & Car Corp., 363 U.S. 593, 598 , 80 S.Ct. 1358, 1361 , 4 L.Ed.2d 1424, 1428 (1960). 3 The court’s function is to review the award of an arbitrator and not, necessarily, to search the arbitrator’s opinion for faulty reasoning.

1981See United Steelworkers of America v. Enterprise Wheel & Car Corp., 363 U.S. 593, 598 , 80 S.Ct. 1358, 1361 , 4 L.Ed.2d 1424, 1428 (1960). 3 The court’s function is to review the award of an arbitrator and not, necessarily, to search the arbitrator’s opinion for faulty reasoning.

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 (8)

CaseCitedYears
Murphy v. Murphy green
me · 1997
2 sentences

2025Although a court may also award attorney fees for certain kinds of tortious conduct, such as a breach of fiduciary duty, Murphy v. Murphy, 1997 ME 103, ¶ 15 , 694 A.2d 932 , here the Association’s claim for breach of fiduciary duty is foreclosed by the parties’ settlement agreement and our decision on appeal.

2025Although a court may also award attorney fees for certain kinds of tortious conduct, such as a breach of fiduciary duty, Murphy v. Murphy, 1997 ME 103, ¶ 15 , 694 A.2d 932 , here the Association’s claim for breach of fiduciary duty is foreclosed by the parties’ settlement agreement and our decision on appeal.

12025–2025
Maine Energy Recovery Co. v. United Steel Structures, Inc. green
me · 1999
1 sentence

2018Energy Recovery Co. v. United St_eel Structures, Inc., 1999 ME 31 , ~ 7, 724 A.2d 124 ("in order for [the plaintiff] to prevail on its contract claim, the jury must find: (1) breach of a material contract term; (2) causation; and (3) damages."). 8 Breach of contract is a straightforward cause of action, and the substance of the Association's claim is equally straightforward and the elements can be easily inferred from its Counterclaim and filings associated with these cross-motions: the Scotts were required to pay their dues on time under the Bylaws, and they did not.

12018–2018
Butler v. Poulin green
me · 1985
1 sentence

2011See Addy, 2009 ME 46, ¶ 8 , 969 A.2d at 938 ; cf. Butler v. Poulin, 500 A.2d 257 , 260 & n. 5 (Me.1985) (requiring plaintiff to establish elements of fraud by clear and convincing evidence to avoid directed verdict).

12011–2011
Mendall v. Pleasant Mountain Ski Development, Inc. green
me · 1963
2 sentences

1990On our review we stated that “[w]e are concerned primarily, however, with the sources of income of the Association.” Mendall, 159 Me. at 287 , 191 A.2d at 634 .

1990On our review we stated that “[w]e are concerned primarily, however, with the sources of income of the Association.” Mendall, 159 Me. at 287 , 191 A.2d at 634 .

11990–1990
City of Biddeford Ex Rel. Board of Education v. Biddeford Teachers Ass'n green
me · 1973
1 sentence

1979In City of Biddeford v. Biddeford Teachers Association, Me., 304 A.2d 387 (1973) this Court recognized that, traditionally, labor relations in the “public” sector, so-called, have been sharply differentiated from labor relations in the “private” sector.

11979–1979
Jamison v. Shepard green
me · 1970
1 sentence

1977“For aggrievement by a judgment or order, such judgment or order must operate prejudicially and directly upon a party’s property, pecuniary or personal rights.” Jamison v. Shepard, 1970, Me., 270 A.2d 861, 862 .

11977–1977
Prime v. Harmon green
me · 1921
1 sentence

1939Baptist Missionary Convention v. Portland, 65 Me., 92; Prime v. Harmon, 120 Me., 299, 113 A., 738 ; Park Assn. v. Saco, supra. Opposing argument by counsel for the City of Saco, relative to the work of the Association and the claim that it is of a business character, is not substantiated by the facts as they appear of record.

11939–1939
Ferry Beach Park Ass'n of Universalists v. City of Saco green
me · 1928
1 sentence

1939Baptist Missionary Convention v. Portland, 65 Me., 92; Prime v. Harmon, 120 Me., 299, 113 A., 738 ; Park Assn. v. Saco, supra. Opposing argument by counsel for the City of Saco, relative to the work of the Association and the claim that it is of a business character, is not substantiated by the facts as they appear of record.

11939–1939

Where else courts name it

CA 54 (1942–2026) TX 45 (1963–2026) IL 30 (1981–2025) FL 24 (1970–2025) PA 24 (1958–2024) GA 17 (1898–2026) OH 17 (2000–2026) NY 13 (1891–2023) WA 11 (2003–2024) HI 10 (1992–2026) IN 10 (1959–2016) ME 9 (1939–2025) CO 9 (2003–2026) NJ 9 (1993–2020) MI 7 (2009–2022) VT 6 (2012–2023) NC 5 (1984–2021) UT 5 (2002–2026) NM 4 (2019–2022) CT 4 (1996–2018) MO 4 (1961–2014) DC 4 (1986–2006) NV 3 (2018–2021) WI 3 (1990–2001) MN 3 (1902–1989) WV 3 (1919–2023) AZ 3 (2003–2018) MA 3 (1979–2011) AL 3 (2006–2023) TN 3 (1959–2000) VA 3 (2008–2025) NH 2 (1968–1986) MD 2 (2002–2019) ND 2 (2005–2007) AR 2 (1989–2003) SC 2 (2007–2007) LA 2 (2011–2023) OK 2 (1977–2025) WY 2 (2010–2022)

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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