abuse privilege (Maine) · Go Syfert
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abuse privilege in Maine

6 Maine opinions name it 2 courts 1974–2021 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 (4)

CaseFollowedCited
Lester v. Powersgreen
me · 1991 · cited in 2 Maine opinions naming this issue, 1993–2020
2 sentences

2020Lester, 596 A.2d at 70-71 .

1993We have previously stated that “[a] conditional privilege against liability for defamation arises in settings where society has an interest in promoting free, but not absolutely unfettered, speech.” Lester, 596 A.2d at 69 .

12
Rippett v. Bemisgreen
me · 1996 · cited in 1 Maine opinions naming this issue, 1998–1998
1 sentence

1998An abuse of a privilege occurs when the person making the statement either “knows his statement to be false, recklessly disregards its truth or falsity, or acts with spite or ill will.” Rippett v. Bemis, 672 A.2d 82, 87 (Me.1996).

11
United Gas Pipe Line Co. v. New Orleans Term. Co.green
lactapp · 1963 · cited in 1 Maine opinions naming this issue, 1974–1974
1 sentence

1974It seems to us that the Pennsylvania statute is significantly lacking in language such as is found in our own specifically requiring the Commission’s approval as to the proper location which involves factors not necessarily contained in a determination of whether the Pennsylvania “service to be furnished [through the taking] is necessary or proper for the service, accommodation, convenience or safety of the public.” 9 The Louisiana courts have repeatedly held that “the courts will not disturb or interfere with the exercise [of eminent domain in taking rights of way] ... in the absence of fraud

11
Central La. El. Co. v. Covington & St. Tammany L. & I. Co.green
lactapp · 1961 · cited in 1 Maine opinions naming this issue, 1974–1974
1 sentence

1974Tammany Land & Improvement Co., 131 So.2d 369, 375 (La.Ct.App.1961).

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 (3)

CaseCitedYears
Morgan v. Kooistra green
me · 2008
2 sentences

2021Morgan v. Kooistra, 2008 ME 26, ¶¶ 35-6 , 941 A.2d 447 .

2021Morgan v. Kooistra, 2008 ME 26, ¶¶ 35-6 , 941 A.2d 447 .

12021–2021
Pamela G. Argereow v. Verne M. Weisberg, M.D. green
me · 2018
1 sentence

2018The Court notes that reports to DHHS are privileged for persons reporting in goodfaith and that there is a rebuttable presumption of good faith. 22 M.R.S. § 3479-A. In proper circumstances, the Maine Health Security Act provides immunity to "[a]ny person acting without malice" and provides absolute immunity to, inter alia, health care providers and health care entities. 24 M.R.S. § 2511; seeArgereow v. Weisberg, 2018 ME 140 , ,r 21, _ A.3d _ .

12018–2018
United Gas Pipe Line Co. v. New Orleans Terminal Co. green
la · 1964
2 sentences

1974It seems to us that the Pennsylvania statute is significantly lacking in language such as is found in our own specifically requiring the Commission’s approval as to the proper location which involves factors not necessarily contained in a determination of whether the Pennsylvania “service to be furnished [through the taking] is necessary or proper for the service, accommodation, convenience or safety of the public.” 9 The Louisiana courts have repeatedly held that “the courts will not disturb or interfere with the exercise [of eminent domain in taking rights of way] ... in the absence of fraud

1974It seems to us that the Pennsylvania statute is significantly lacking in language such as is found in our own specifically requiring the Commission’s approval as to the proper location which involves factors not necessarily contained in a determination of whether the Pennsylvania “service to be furnished [through the taking] is necessary or proper for the service, accommodation, convenience or safety of the public.” 9 The Louisiana courts have repeatedly held that “the courts will not disturb or interfere with the exercise [of eminent domain in taking rights of way] ... in the absence of fraud

11974–1974

Where else courts name it

TX 50 (1917–2025) PA 44 (1907–2024) LA 35 (1962–2021) NC 33 (1877–2004) MD 32 (1894–2025) IL 31 (1894–2026) NY 20 (1895–2013) WA 13 (1891–2014) MA 13 (1917–2026) FL 12 (1884–2026) NJ 10 (1957–2001) CA 10 (1943–2023) AZ 9 (1953–2018) MS 9 (1951–2022) AL 9 (1941–2015) MO 7 (1909–2020) IN 7 (1946–2017) ME 6 (1974–2021) SD 6 (1987–2015) TN 6 (2000–2024) VA 6 (1952–2000) IA 6 (1928–2023) WV 5 (1892–2013) SC 5 (1925–2016) WI 5 (1898–2020) NE 5 (1914–1985) ID 4 (1911–1990) UT 4 (1916–2017) OK 4 (1942–2009) ND 4 (1918–2013) MI 4 (1941–1993) OR 3 (1987–2010) HI 3 (2004–2026) OH 3 (1909–2014) KY 2 (1926–1928) DC 2 (1984–2025) MN 2 (1916–1968) NM 2 (1983–2011) GA 2 (1961–2023) WY 2 (1938–1945) AK 2 (1961–2006)

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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