premise underlying doctrine (Maine) · Go Syfert
← Maine issues

premise underlying doctrine in Maine

8 Maine opinions name it 2 courts 1993–2018 0 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 (5)

CaseFollowedCited
Roop v. City of Belfastgreen
me · 2007 · cited in 3 Maine opinions naming this issue, 2008–2018
2 sentences

2018The basic premise underlying the doctrine of standing is to "limit access." Id. ,r 7.

2009Standing The basic premise underlying the doctrine of standing is to "limit access to the courts to those best suited to assert a particular claim." Roop v. City of Belfast, 2007 ME 32 , err 7, 915 A.2d 966,968 (quoting Halfway House, Inc. v. City of Portland, 670 A.2d 1377, 1380 (Me. 1996)).

23
Potvin v. Seven Elms, Inc.green
me · 1993 · cited in 2 Maine opinions naming this issue, 2003–2016
2 sentences

2016"The premise underlying this rule is that either the injured party or the tortfeasor will receive a windfall if part of a loss is paid by an independent source, and, as between the injured party and the tortfeasor, the injured party should reap the benefit of the windfall." Potvin v. Seven Elms, Inc., 628 A.2d 115, 116 (Me. 1993). 8.

2003“The premise underlying this rule is that either the injured party or the tortfeasor will receive a windfall if part of a loss is paid by an *1002 independent source, and, as between the injured party and the tortfeasor, the injured party should reap the benefit of the windfall.” Potvin v. Seven Elms, Inc., 628 A.2d 115, 116 (Me.1993). [¶ 21] We agree with the Credit Unions that evidence of other insurance covering the same losses was not admissible on issues of causation and punitive damages.

22
Halfway House, Inc. v. City of Portlandgreen
me · 1996 · cited in 2 Maine opinions naming this issue, 2007–2009
2 sentences

2009Standing The basic premise underlying the doctrine of standing is to "limit access to the courts to those best suited to assert a particular claim." Roop v. City of Belfast, 2007 ME 32 , err 7, 915 A.2d 966,968 (quoting Halfway House, Inc. v. City of Portland, 670 A.2d 1377, 1380 (Me. 1996)).

2007The basic premise underlying the doctrine of standing is to “limit access to the courts to those best suited to assert a particular claim.” Halfway House, Inc. v. City of Portland, 670 A.2d 1377, 1380 (Me.1996).

22
Franklin Property Trust v. Foresite, Inc.green
me · 1981 · cited in 1 Maine opinions naming this issue, 2009–2009
1 sentence

2009In the complaint, the plaintiff "must assert a personal stake in the outcome of the litigation and present a real and substantial controversy touching on the legal relations of parties with adverse legal interests." Franklin Property Trust v. Foresite, Inc., 438 A.2d 218, 220 (Me. 1981). 6 Based on the court's summary of the complaint, none of the allegations give Hamilton, Sr. or Ms. Hamilton any "standing to sue." There is no contention that they obtained a contract with the Bank or any of the other defendants.

11
Stull v. First American Title Insurancegreen
me · 2000 · cited in 1 Maine opinions naming this issue, 2008–2008
2 sentences

2008See Stull v. First American Title Insurance Co., 2000 ME 21 , 745 A. 2d 975,979 ("Litigants normally may not assert the rights of third parties but must demonstrate that they have received some particularized injury in order to have standing to raise their claim.") "The basic premise underlying the doctrine of standing is to limit access to the courts to those best suited to assert a particular claim." Roop v. City of Belfast, 2007 ME 32 , <JI 7, 915 A. 2d 966, 968 (citation and quotation marks omitted).

2008See Stull v. First American Title Insurance Co., 2000 ME 21 , 745 A. 2d 975,979 ("Litigants normally may not assert the rights of third parties but must demonstrate that they have received some particularized injury in order to have standing to raise their claim.") "The basic premise underlying the doctrine of standing is to limit access to the courts to those best suited to assert a particular claim." Roop v. City of Belfast, 2007 ME 32 , <JI 7, 915 A. 2d 966, 968 (citation and quotation marks omitted).

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 (2)

CaseCitedYears
Werner v. Lane green
me · 1978
2 sentences

1995Id. at 1335-36 .

1995Id. at 1335-36 .

21993–1995
Propeller Monticello v. Mollison green
· 1855
1 sentence

2016Dubbed by some as "an oddity of American accident law," the 2 collateral source rule can be traced to English common law, but it did not come into favor in the United States until the 1855 U.S. Supreme Court case The Propeller Monticello v. Mollison, 58 U.S. (17 How.) 152 (1855) in which a steamship and schooner collided with the schooner sinking and losing its cargo.

12016–2016

Where else courts name it

ME 8 (1993–2018) NY 4 (2012–2020) NJ 4 (2010–2025) PA 4 (1998–2019) ID 3 (2021–2021) FL 2 (1990–2016) MN 2 (1976–2000) IL 2 (2009–2009) MA 2 (2012–2017) KY 2 (1994–2017) WI 2 (2022–2022)

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.

← Caselaw search · G Cite Topics · Brief Check