9 Maine opinions name it 2 courts 1990–2023 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 |
|---|---|---|
Ross v. Bernhardgreen1 sentence2023See Ross v. Bernhard, 396 U.S. 531 ., 538~39 (1970) ("In a shareholder's derivative suit, the wrong complained of is to the corporation, and the shareholder is merely a nominal plaintiff.") Thus, the heart of the argument under Section 1637(3) is whether, in this case, ''justice requires" allowing a derivative claim to proceed on behalf of Imperial. | 1 | 1 |
Richards v. Bryangreen1 sentence2014See e.g., Richards v. Bryan, 879 P.2d 638,646 (Kan. | 1 | 1 |
Jackson v. Frederick's Motor Inngreen1 sentence2008Jackson v. Frederick’s Motor Inn, 418 A.2d 168, 172 (Me.1980). | 1 | 1 |
Tooley v. Donaldson, Lufkin, & Jenrette, Inc.green1 sentence2006See Tooley v. Donaidson, iufiin, G jenretfe, Inc., 845 A.2d 1031, 1036 (Del. 2004) (explaining the difference between direct and deli~;)tix.7e Defendanrs claim, <herefore, that pursuant t= )J?.R.C~.J.?. 12(b)(6),Plaintiff's complaint fails to state a claim for which relief can be granted, and must be dsmissed. | 1 | 1 |
Danforth v. Emmonsgreen2 sentences1990See Danforth v. Emmons, 124 Me. 156, 159 , 126 A. 821 (1924). 1990See Danforth v. Emmons, 124 Me. 156, 159 , 126 A. 821 (1924). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maine. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Brown v. Crown Equipment Corp.
green
2 sentences2011Id. ¶ 28, 960 A.2d at 1194-95 . [¶ 15] Brown thus concluded that loss of consortium damages awarded as part of a wrongful death claim are subject to reduction pursuant to the comparative negligence statute, 14 M.R.S. § 156 (2010), and that a jury may consider the deceased spouse or parent’s comparative fault when determining loss of consortium damages. 2009Accordingly, we hold that a loss of consortium claim is a derivative claim, (lnd to the extent our prior decisions have held otherwise, we overrule those decisions. frl. at (~23, 960 A.2d at 1195 . | 2 | 2009–2011 |
Ferer v. Erickson & Sederstrom, PC
green
1 sentence2019Fere v. Erickson & Sederstrom, P.C., 718 N.W.2d 501 (Neb. 2006). 9 While Mr. Norberg's motives in pursuing this derivative claim presents a factual issue, on the record as a whole there can be no dispute that the claims Mr. Norberg asserts againstNHD at·e not claims of a breach of duty to Stanford. | 1 | 2019–2019 |
Board of Overseers of the Bar v. Mangan
green
2 sentences2019A. Rules of Law: Attorney-Client Relationship and Fiduciary Duties Owed by Attorneys to Third Pmties "[A]n attorney-client relationship is created when (1) a person seeks advice or assistance from an attorney, (2) the advice or assistance sought pertains to matters within the attorney's professional competence, and (3) the attorney expressly or impliedly agrees to give or actually gives the desired advice or assistance." Bd. o.f Overseers ofthe Bar v. lvlangan, 2001 ME 7 > ,r 9, 763 A.2d 1189 . 2019A. Rules of Law: Attorney-Client Relationship and Fiduciary Duties Owed by Attorneys to Third Pmties "[A]n attorney-client relationship is created when (1) a person seeks advice or assistance from an attorney, (2) the advice or assistance sought pertains to matters within the attorney's professional competence, and (3) the attorney expressly or impliedly agrees to give or actually gives the desired advice or assistance." Bd. o.f Overseers ofthe Bar v. lvlangan, 2001 ME 7 > ,r 9, 763 A.2d 1189 . | 1 | 2019–2019 |
Adam v. MacDonald Page & Co.
green
2 sentences2018Brian points out that Morin involved different ethical rules, did not involve a derivative claim, and relied on the reasoning expounded in Adam v. MacDonald Page & Co., 644 A.2d 461 (Me. 1994), which involved successive representations and held that the former client was required to show that the former attorney had actually acquired relevant, confidential information to be disqualified from representing the other side in a subsequent suit. 2018Id. at 464-65 . | 1 | 2018–2018 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.