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9 Maine opinions name it 1 courts 1977–2022 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 |
|---|---|---|
Avangrid Networks, Inc. v. Secretary of Stategreen1 sentence2022See Avangrid Networks, Inc. v. Sec'y of State, 2020 ME 109 , ¶ 37 n.11, 237 A.3d 882 . 10 Theodore A. Small, Esq. (orally), Skelton, Taintor & Abbott, Lewiston, for appellant Sultan Corp. Aaron M. | 1 | 1 |
Tolliver v. Department of Transportationgreen2 sentences2020See Tolliver v. Dep’t of Transp., 2008 ME 83 , ¶ 10 n.5, 948 A.2d 1223 (explaining that although the issue of immunity can be “intertwined with the facts of a case,” the availability of immunity pursuant to the Maine Tort Claims Act “generally 7 turns on the proper interpretation of the statute, absent a dispute of material fact, and is therefore a question of law”).2 Accordingly, we reach the merits of the City’s appeal. 2020See Tolliver v. Dep’t of Transp., 2008 ME 83 , ¶ 10 n.5, 948 A.2d 1223 (explaining that although the issue of immunity can be “intertwined with the facts of a case,” the availability of immunity pursuant to the Maine Tort Claims Act “generally 7 turns on the proper interpretation of the statute, absent a dispute of material fact, and is therefore a question of law”).2 Accordingly, we reach the merits of the City’s appeal. | 1 | 1 |
Rodriguez v. Town of Moose Rivergreen2 sentences2020See Rodriguez, 2007 ME 68, ¶¶ 16-17 , 922 A.2d 484 ; Paschal, 2000 ME 50 , ¶¶ 1 & n.1, 11, 747 A.2d 1194 . 2020See Rodriguez, 2007 ME 68, ¶¶ 16-17 , 922 A.2d 484 ; Paschal, 2000 ME 50 , ¶¶ 1 & n.1, 11, 747 A.2d 1194 . | 1 | 1 |
Perry Equipment Co. v. Marine Trading & Transportation, Inc.green1 sentence2014Co. v. Marine Trading & Trans., Inc., 390 A.2d 1110, 1111 (Me.1978) (per curiam) (“The availability of a hearing de novo ... clearly grants an appellant the right to have the presiding Justice use his independent judgment in ruling on the merits of the case.”). | 1 | 1 |
Town of Bar Harbor v. Evansgreen2 sentences1995See Town of Bar Harbor v. Evans, 499 A.2d 157, 158 (Me.1985). 1995See Town of Bar Harbor v. Evans, 499 A.2d 157, 158 (Me.1985). | 1 | 1 |
Roderick v. Painegreen1 sentence1986Fogg v. Hall, 133 Me. 322, 324 , 178 A. 56, 57 (1935); Peterson Oven Co. v. Fickett, 121 Me. 413, 419 , 117 A. 575, 578 (1922). | 1 | 1 |
Fogg v. Hallgreen2 sentences1986Fogg v. Hall, 133 Me. 322, 324 , 178 A. 56, 57 (1935); Peterson Oven Co. v. Fickett, 121 Me. 413, 419 , 117 A. 575, 578 (1922). 1986Fogg v. Hall, 133 Me. 322, 324 , 178 A. 56, 57 (1935); Peterson Oven Co. v. Fickett, 121 Me. 413, 419 , 117 A. 575, 578 (1922). | 1 | 1 |
State v. Peakesgreen1 sentence1982In Maine, for the “open fields” doctrine to apply, two factual aspects of the circumstances must be considered: (1) the openness with which the activity is pursued, Peakes, 440 A.2d at 353 (“the officers observed something which was ‘open and patent’ to the Defendant’s neighbors and their invitees”); Dow, 392 A.2d at 535 (open, obvious criminal activity conducted in public place not constitutionally protected); and (2) the lawfulness of the officers’ presence during their observations of what is open and patent. | 1 | 1 |
State v. Dowgreen1 sentence1982In Maine, for the “open fields” doctrine to apply, two factual aspects of the circumstances must be considered: (1) the openness with which the activity is pursued, Peakes, 440 A.2d at 353 (“the officers observed something which was ‘open and patent’ to the Defendant’s neighbors and their invitees”); Dow, 392 A.2d at 535 (open, obvious criminal activity conducted in public place not constitutionally protected); and (2) the lawfulness of the officers’ presence during their observations of what is open and patent. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maine. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Charles W. Palian v. Department of Health and Human Services
green
2 sentences2022Servs., 2020 ME 131, ¶ 41 , 242 A.3d 164 , it need go no further.4 The entry is: Judgment vacated in part. 2022Servs., 2020 ME 131, ¶ 41 , 242 A.3d 164 , it need go no further.4 The entry is: Judgment vacated in part. | 1 | 2022–2022 |
Paschal v. City of Bangor
neutral
2 sentences2020See Rodriguez, 2007 ME 68, ¶¶ 16-17 , 922 A.2d 484 ; Paschal, 2000 ME 50 , ¶¶ 1 & n.1, 11, 747 A.2d 1194 . 2020See Rodriguez, 2007 ME 68, ¶¶ 16-17 , 922 A.2d 484 ; Paschal, 2000 ME 50 , ¶¶ 1 & n.1, 11, 747 A.2d 1194 . | 1 | 2020–2020 |
Johnson v. Shaw's Distribution Center
green
2 sentences2008Id. ¶ 14, 760 A.2d at 1061 . 2008Id. ¶ 14, 760 A.2d at 1061 . | 1 | 2008–2008 |
Heckler v. Turner
green
2 sentences1986By requiring that the income to be considered by a state must be income that is “available for current use,” the regulation embodies the long-standing availability principle, which is designed “to prevent the States from relying on imputed or unrealizable sources of income artificially to depreciate a recipient’s need.” Heckler v. Turner, 470 U.S. 184 , 105 S.Ct. 1138, 1148 , 84 L.Ed.2d 138 (1985). 1986By requiring that the income to be considered by a state must be income that is “available for current use,” the regulation embodies the long-standing availability principle, which is designed “to prevent the States from relying on imputed or unrealizable sources of income artificially to depreciate a recipient’s need.” Heckler v. Turner, 470 U.S. 184 , 105 S.Ct. 1138, 1148 , 84 L.Ed.2d 138 (1985). | 1 | 1986–1986 |
Peterson Oven Co. v. Fickett
neutral
1 sentence1986Fogg v. Hall, 133 Me. 322, 324 , 178 A. 56, 57 (1935); Peterson Oven Co. v. Fickett, 121 Me. 413, 419 , 117 A. 575, 578 (1922). | 1 | 1986–1986 |
Bourjois, Inc. v. Chapman
green
2 sentences1977Bourjois, Inc. v. Chapman, 301 U.S. 183, 189 , 57 S.Ct. 691, 695 , 81 L.Ed. 1027 (1937); see 1 K. 1977Bourjois, Inc. v. Chapman, 301 U.S. 183, 189 , 57 S.Ct. 691, 695 , 81 L.Ed. 1027 (1937); see 1 K. | 1 | 1977–1977 |
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.