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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.
| Case | Followed | Cited |
|---|---|---|
Ute Park Summer Homes Ass'n v. Maxwell Land Grant Co.green1 sentence2011See id. | 1 | 1 |
Addy v. Jenkins, Inc.green2 sentences2011See 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). | 1 | 1 |
United Steelworkers v. Enterprise Wheel & Car Corp.green2 sentences1981See 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. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maine. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Murphy v. Murphy
green
2 sentences2025Although 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. | 1 | 2025–2025 |
Maine Energy Recovery Co. v. United Steel Structures, Inc.
green
1 sentence2018Energy 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. | 1 | 2018–2018 |
Butler v. Poulin
green
1 sentence2011See 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). | 1 | 2011–2011 |
Mendall v. Pleasant Mountain Ski Development, Inc.
green
2 sentences1990On 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 . | 1 | 1990–1990 |
City of Biddeford Ex Rel. Board of Education v. Biddeford Teachers Ass'n
green
1 sentence1979In 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. | 1 | 1979–1979 |
Jamison v. Shepard
green
1 sentence1977“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 . | 1 | 1977–1977 |
Prime v. Harmon
green
1 sentence1939Baptist 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. | 1 | 1939–1939 |
Ferry Beach Park Ass'n of Universalists v. City of Saco
green
1 sentence1939Baptist 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. | 1 | 1939–1939 |
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.