MacKerron v. Madura, 445 A.2d 680 (Me. 1982). · Go Syfert
MacKerron v. Madura, 445 A.2d 680 (Me. 1982). Cases Citing This Book View Copy Cite
63 citation events (17 in the last 25 years) across 8 distinct courts.
Strongest positive: Ocean State Job Lot of Maine, 2017, LLC v. 20 Thames Street, LLC (mesuperct, 2021-05-24)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 34 distinct citers. How cited ↗
discussed Cited as authority (rule) Ocean State Job Lot of Maine, 2017, LLC v. 20 Thames Street, LLC
Me. Super. Ct · 2021 · confidence medium
Id. (citing Robinson v. Washington County, 529 A.2d 1357, 1361 (Me. 1987); MacKerron v. Madura, 445 A.2d 680, 682 (Me. 1982); see also Sargent v. Sargent, 622 A.2d 721, 723 (Me. 1993) ("A Rule 12(b)(6) motion is appropriate to raise the affirmative defense of res judicata only if the facts establishing the defense appear on the face of the complaint.").
discussed Cited as authority (rule) Dawn M. Harlor v. Amica Mutual Insurance COmpany (2×)
Me. · 2016 · confidence medium
Id. at 176 , 38 A. at 99 . [¶31] Later opinions addressing the elements of a claim for tortious interference with a contract or advantageous relationship include: Currie v. Industrial Security, Inc., 2007 ME 12, ¶¶ 31-34 , 915 A.2d 400 ; Rutland v. Mullen, 2002 ME 98, ¶¶ 13-15 , 798 A.2d 1104 ; James v. MacDonald, 1998 ME 148, ¶¶ 6-7 , 712 A.2d 1054 ; Petit v. Key Bank of Me., 688 A.2d 427, 430 (Me. 1996); Barnes v. Zappia, 658 A.2d 1086, 1090 (Me. 1995); Pombriant v. Blue Cross/Blue Shield of Maine, 562 A.2d 656, 659 (Me. 1989); MacKerron v. Madura, 445 A.2d 680, 683 (Me. 1982); Taylor…
discussed Cited as authority (rule) Francis v. Stinson
Me. · 2000 · confidence medium
Because the statute of limitations is an affirmative defense, Northeast Harbor Golf Club, Inc. v. Harris, 1999 ME 38, ¶ 15 , 725 A.2d 1018, 1023 , a complaint will not be dismissed, pursuant to Rule 12(b)(6), as time-barred “unless the complaint contains within its four corners allegations of sufficient facts to show the existence and applicability of the defense,” Ripley v. Mercier, 482 A.2d 850, 851 (Me.1984) (quoting MacKerron v. Madura, 445 A.2d 680, 682 (Me.1982)) (internal quotations omitted). [¶ 57] The assets of Stinson Canning Company were sold in 1990, at which time the name of…
discussed Cited as authority (rule) Davric Maine Corp. v. Rancourt
1st Cir. · 2000 · confidence medium
In Maine, “[interference with an advantageous relationship requires the existence of a valid contract or prospective economic advantage, interference with that contract or advantage through fraud or intimidation, and damages proximately caused by the interference.” Barnes v. Zappia, 658 A.2d 1086, 1090 (Me.1995); see also DiPietro v. Casco N. Bank, 490 A.2d 215, 219 (Me.1985); MacKerron v. Madura, 445 A.2d 680, 683 (Me.1982); Harmon v. Harmon, 404 A.2d 1020, 1025 (Me.1979).
discussed Cited as authority (rule) Carroll v. City of Portland (2×)
Me. · 1999 · signal: cf. · confidence medium
Giacomantonio has failed to satisfy his burden of proving that his allegedly tortious activity constituted the performance of or failure to perform a "discretionary function or duty." 14 M.R.S.A. § 8111(1)(C); cf. MacKerron v. Madura, 445 A.2d 680, 682 (Me.1982) ("It is not discernible from the complaint whether the actions alleged were functions or duties of Officer Madura and[,] if they were, whether they were discretionary.
discussed Cited as authority (rule) Danforth v. Gottardi
Me. · 1995 · confidence medium
The court dismissed the complaint based on governmental and prosecutorial immunity. 2 Governmental immunity, however, is an affirmative defense and cannot be invoked as a ground for dismissal of a complaint “unless the complaint contains within its four comers allegations of sufficient facts to show the existence and applicability of the immunity.” MacKerron v. Madura, 445 A.2d 680, 682 (Me.1982).
cited Cited as authority (rule) Barnes v. Zappia
Me. · 1995 · confidence medium
MacKerron v. Madura, 445 A.2d 680, 683 (Me.1982).
cited Cited as authority (rule) Eagle Snacks, Inc. v. Our Co.
D. Me. · 1993 · confidence medium
MacKerron v. Madura, 445 A.2d 680, 682 (Me.1982).
cited Cited as authority (rule) Federal Deposit Insurance v. S. Prawer & Co.
D. Me. · 1993 · confidence medium
Pombriant v. Blue Cross/Blue Shield of Maine, 562 A.2d 656, 659 (Me. 1989); MacKerron v. Madura, 445 A.2d 680, 683 (Me.1982).
discussed Cited as authority (rule) Tri-State Rubbish, Inc. v. Waste Management, Inc.
D. Me. · 1992 · confidence medium
The Maine Law Court has defined the alleged tort as follows: “The law in Maine provides relief in damages, ‘wherever a person, by means of fraud or intimidation, procures, either the breach of a contract or the discharge of a plaintiff, from an employment, which but for such wrongful interference would have continued.’ ” MacKerron v. Madura, 445 A.2d 680, 683 (Me.1982).
cited Cited as authority (rule) Loe v. Town of Thomaston
Me. · 1991 · confidence medium
MacKerron v. Madura, 445 A.2d 680, 682 (Me.1982); Nelson v. Times, 373 A.2d 1221, 1223-25 (Me.1977); Estate of Berthiaume v. Pratt, M.D., 365 A.2d 792, 795 (Me.1976).
discussed Cited as authority (rule) Inhabitants of City of Saco v. General Elec. Co.
D. Me. · 1991 · confidence medium
Maine has long recognized the intentional tort of interference with an economic relationship which is described as follows: “ ‘[Wjherever a person, by means of fraud or intimidation, procures, either the breach of a contract or the discharge of a plaintiff, from an employment, which but for such wrongful interference would have continued.’ ” MacKerron v. Madura, 445 A. 2d 680, 683 (Me.1982) (quoting Perkins v. Pendleton, 90 Me. 166, 176 , 38 A. 96 (1897)).
cited Cited as authority (rule) C.N. Brown Co. v. Gillen
Me. · 1990 · confidence medium
See Pombriant v. Blue Cross/Blue Shield of Maine, 562 A.2d 656, 659 (Me.1989); MacKerron v. Madura, 445 A.2d 680, 683 (Me.1982).
examined Cited as authority (rule) Pombriant v. Blue Cross/Blue Shield of Maine (4×)
Me. · 1989 · confidence medium
MacKerron v. Madura, 445 A.2d 680, 683 (Me.1982).
discussed Cited as authority (rule) Wolf v. Regardie
D.C. · 1989 · confidence medium
(BNA) 1384, 1386 (C.D.Cal.1982) (U.S. District Court); accord, Rogers v. IBM Corp., 500 F.Supp. 867, 870 (W.D.Pa. 1980); MacKerron v. Madura, 445 A.2d 680, 682 (Me.1982); see also Munley v. ISC Financial House, Inc., 584 P.2d 1336, 1338-40 (Okla.1978). 8 Similarly, it is hardly persuasive to argue that appellant’s seclusion is somehow intruded upon by a person’s consultation of public records concerning him.
cited Cited as authority (rule) DeSalle v. Key Bank of Southern Maine
D. Me. · 1988 · confidence medium
MacKerron v. Madura, 445 A.2d 680, 683 (Me.1982).
cited Cited as authority (rule) Cunningham v. Haza
Me. · 1988 · confidence medium
Robinson v. Washington County, 529 A.2d at 1361 ; McKerron v. Madura, 445 A.2d 680, 682 (Me.1982).
cited Cited as authority (rule) Stevens v. Bouchard
Me. · 1987 · confidence medium
Id. at 99 ; MacKerron v. Madura, 445 A.2d 680, 681-82 (Me.1982).
cited Cited as authority (rule) Robinson v. Washington County
Me. · 1987 · confidence medium
Id. at 99 ; MacKerron v. Madura, 445 A.2d 680, 681-82 (Me.1982).
discussed Cited as authority (rule) Springer v. Seaman
D. Me. · 1987 · confidence medium
In Maine, that tort is committed “wherever a person, by means of fraud or intimidation procures, either the breach of a contract or the discharge of a plaintiff, from an employment, which but for such wrongful interference would have continued.” MacKerron v. Madura, 445 A.2d 680, 683 (Me.1982) (emphasis added), on appeal from remand, 474 A.2d 166 (Me.1984).
discussed Cited as authority (rule) Triple-A Baseball Club Associates v. Northeastern Baseball, Inc. (2×)
D. Me. · 1987 · confidence medium
MacKerron v. Madura, 445 A.2d 680, 683 (Me.1982).
discussed Cited as authority (rule) True v. Ladner
Me. · 1986 · confidence medium
MacKerron v. Madura, 445 A.2d 680, 682 (Me.1982) (improper to dismiss complaint when it is not discernible “whether the actions alleged were functions or duties of [the employee] and if they were, whether they were discretionary”).
cited Cited as authority (rule) Hall v. Board of Environmental Protection
Me. · 1985 · confidence medium
Larrabee v. Penobscot Frozen Foods, Inc., 486 A.2d 97, 99 (Me.1984); MacKerron v. *267 Madura, 445 A.2d 680, 681-682 (Me.1982).
cited Cited as authority (rule) MacNaughton v. Cossin
Me. · 1985 · confidence medium
See DiPietro v. Casco Northern Bank, 490 A.2d 215, 219 (Me.1985); MacKerron v. Madura, 445 A.2d 680, 682 (Me.1982).
cited Cited as authority (rule) Larrabee v. Penobscot Frozen Foods, Inc.
Me. · 1984 · confidence medium
MacKerron v. Madura, 445 A.2d 680, 681-682 (Me.1982).
cited Cited as authority (rule) Ripley v. Mercier
Me. · 1984 · confidence medium
MacKerron v. Madura, 445 A.2d 680, 682 (Me.1982).
cited Cited "see" Wight v. Diamond's Edge LLC
Me. Super. Ct · 2021 · signal: see · confidence high
See MacKerron v. Madura, 445 A.2d 680, 683 (Me. 1982) (threats constituted intimidation).
discussed Cited "see" Municipal Review Committee v. USA Energy Group, LLC (2×)
Me. Super. Ct · 2016 · signal: see · confidence high
See MacKerron v. Madura, 445 A.2d 680, 683 (Me. 1982) (citing Perkins v. Pendleton, 90 Me. 166, 176 , 38 A.96, 99 ( 1897).
discussed Cited "see" Combined Energies v. CCI, INC.
D. Me. · 2009 · signal: see · confidence high
See MacKerron v. Madura, 445 A.2d 680, 683 (Me.1982) (“This Court has long recognized interference with an existing employment or contract relationship as an actionable tort.” (emphasis added)); Barnes v. Zappia, 658 A.2d 1086, 1090 (Me.1995) (substituting the “existing employment” language of MacKerron for the more general “prospective economic advantage”). 2.
discussed Cited "see" Baker v. Charles
D. Me. · 1996 · signal: see · confidence high
See Barnes v. Zappia, 658 A.2d 1086, 1089 (Me. 1995), citing MacKerron v. Madura, 445 A.2d 680, 683 (Me.1982) (“[T]he principles of the law of interference ... are equally applicable in [the attorney-client] situation as in other employment or contract situations.” (emphasis added)).
discussed Cited "see" DiPietro v. Casco Northern Bank (2×)
Me. · 1985 · signal: see · confidence high
See MacKerron v. Madura, 445 A.2d 680, 683 (Me.1982) (cause of action for interference with an existing employment or contract relationship); Cyr v. Cote, 396 A.2d 1013, 1018 (Me.1979) (cause of action for wrongful interference with an expected legacy or gift under a will).
discussed Cited "see, e.g." Taus v. Loftus (2×)
Cal. · 2007 · signal: see also · confidence medium
The Court has found no authority, nor has [appellant] cited any, which suggests the contrary.'" ( Wolf v. Regardie (D.C.1989) 553 A.2d 1213, 1218 ; see also MacKerron v. Madura (Me.1982) 445 A.2d 680, 682 [police officer's attempt to obtain letter from attorney's client may implicate the privacy interests of the client, but not the attorney].) The majority cites Sheets v. Salt Lake County (10th Cir.1995) 45 F.3d 1383 ( Sheets ), in support of its proposed expansion *828 of the intrusion tort.
discussed Cited "see, e.g." McArdle v. Bornhofft
D. Me. · 1997 · signal: see also · confidence medium
To prove a claim of tortious interference, Plaintiffs must show that Defendant, “ ‘by fraud or intimidation, procur[ed] the breach of a contract that would have continued but for such wrongful interference.’ ” June Roberts Agency, Inc. v. Venture Properties, Inc., 676 A.2d 46, 50 (Me.1996) (quoting Grover v. Minette-Mills, Inc., 638 A.2d 712, 716 (Me. 1994); see also MacKerron v. Madura, 445 A.2d 680, 683 (Me.1982)).
cited Cited "see, e.g." Lehigh v. Pittston Co.
Me. · 1983 · signal: see also · confidence medium
See also MacKerron v. Madura, 445 A.2d 680, 683 (Me.1982); Sawyer v. Bailey, 413 A.2d 165, 168 (Me.1980). 23 .
Retrieving the full opinion text from the archive…
Neil D. MacKERRON
v.
Peter MADURA
Supreme Judicial Court of Maine.
May 26, 1982.
445 A.2d 680
Neil D. MacKerron, pro se (orally)., Bernstein, Shur, Sawyer & Nelson, Christopher L. Vaniotis (orally), F. Paul Frinsko, Geoffrey H. Hole, Portland, for defendant.
McKusick, Nichols, Roberts, Carter, Violette, Wathen.
Cited by 47 opinions  |  Published
WATHEN, Justice.

Plaintiff appeals from the dismissal of his complaint under M.R.Civ.P. 12(b)(6) by the Superior Court (Cumberland County). Finding that the complaint states a claim for tortious interference with an economic relationship, we sustain the appeal in part. In June 1981 plaintiff brought suit in a single count complaint seeking damages from defendant for invasion of privacy and interference with an advantageous relationship. Defendant’s answer included a motion to dismiss the complaint, and set forth as defenses that the complaint failed to state a claim upon which relief could be granted and that the entire action was barred by the provisions of the Maine Tort Claims Act, 14 M.R.S.A. §§ 8101-8118 (1980). The motion to dismiss was granted and plaintiff filed this appeal.

The factual allegations set forth in the complaint may be summarized as follows. Plaintiff, an attorney in Bridgton, was asked by Evelyn Ridlon to represent her and her son, Leslie Mercer, who had been charged with operating under the influence by defendant, Madura, a Bridgton police officer. Plaintiff entered an appearance for Mercer and wrote to arrange a meeting with him before the hearing. Ridlon reported to plaintiff that Madura had spoken to her son about plaintiff’s representation and about the possibility of defendant’s interceding with the court on Mercer’s behalf. In a personal meeting between the parties, plaintiff chastised defendant for discussing the case with plaintiff’s client, and defendant agreed not to do so again. Subsequently, defendant went to Ridlon’s home, once in plain clothes and once in uniform, asking to see the letter plaintiff had written. Both times Ridlon replied that she was unable to locate the letter. A few days later plaintiff withdrew from the case at Mercer’s request. Defendant had allegedly told Mercer that he would seek to have the case dismissed if plaintiff withdrew but that he could not put in a good word for Mercer with the judge as long as plaintiff represented him.

Although the order of the Superi- or Court does not specify the basis for the dismissal, we conclude that the court erred in dismissing plaintiff’s claim for relief under a theory of interference with an advantageous relationship. Dismissal of a complaint for failure to state a claim is appro[*682] priate only if it appears beyond doubt that plaintiff is entitled to no relief under any set of facts which he might prove in support of his claim. In reviewing such a dismissal, therefore, we examine the complaint in the light most favorable to plaintiff to determine whether it either alleges the elements of a cause of action against defendant or states facts that could entitle him to relief on some legal theory. Hildebrandt v. Department of Environmental Protection, Me., 430 A.2d 561, 564 (1981); Bramson v. Chester L. Jordan & Co., Me., 379 A.2d 730, 731 (1977).

Immunity

Defendant argues that plaintiff was not entitled to relief on any theory because as a police officer of the Town of Bridgton defendant was immune from suit under the provisions of the Maine Tort Claims Act. The governmental immunity provided by the Act, however, is a matter of affirmative defense under M.R.Civ.P. 8(e). R. Field, V. McKusick and L. Wroth, Maine Civil Practice § 8.20 n.78.10 and authority cited therein (Supp.1981). As such it cannot be invoked as the grounds for dismissal of a complaint unless the complaint contains within its four corners allegations of sufficient facts to show the existence and applicability of the immunity. Section 8111(l)(c), the only applicable section of the Act, provides personal immunity from civil liability to employees of governmental entities for “[t]he performance or failure to exercise or perform a discretionary function or duty, whether or not the discretion is abused.” It is not discernible from the complaint whether the actions alleged were functions or duties of Officer Madura and if they were, whether they were discretionary. Since the complaint leaves these factual issues unresolved, immunity could not be asserted as grounds for the dismissal in this case. See Nadeau v. City of South Portland, Me., 424 A.2d 715, 717 n.2 (1981).

Invasion of Privacy

In reviewing the dismissal of this complaint for failure to state a claim of invasion of privacy, we must determine whether plaintiff has alleged an invasion of any one of four legally protected privacy interests:

(1) the interest in physical or mental solitude or seclusion, as protected from an intrusion thereon which is intentional and yields a highly offensive result;
(2) the interest that certain kinds of facts about one’s intimate person, or secrets, shall not be given public disclosure;
(3) the interest of a person not to be falsely regarded by the public, an interest which is protected against conduct that depicts a person to the public in a false light; and
(4) the interest of a person in his name or likeness, which is protected against appropriation for another’s benefit or advantage.

Equifax Services, Inc. v. Cohen, Me., 420 A.2d 189, 200 (1980); see also Nelson v. Maine Times, Me., 373 A.2d 1221 (1977); Estate of Berthiaume v. Pratt, Me., 365 A.2d 792 (1976). The only interest even arguably implicated by the allegations of defendant’s complaint is the interest in solitude or seclusion. As we have previously noted, “[t]his concept requires proof of an actual invasion of ‘something secret, secluded or private pertaining to the plaintiff’.” Nelson v. Maine Times, 373 A.2d at 1223 (quoting Estate of Berthiaume, 365 A.2d at 795). The complaint alleges defendant’s discussions with Mercer and his visits to Ridlon’s home in an unsuccessful attempt to see a letter written to her by plaintiff. None of these allegations describes an intrusion of anything private pertaining solely to plaintiff. Obviously, both Ridlon’s home and the letter are within her potential sphere of privacy, not plaintiff’s. Just as clearly, the attorney-client relationship is not occupied privately by the attorney. Since an interaction with the client by a third person violates no legally protected privacy interest of the attorney, no error was committed by the Superior Court in[*683] dismissing the portion of the complaint that seeks relief for invasion of privacy.

Interference with an Economic Relationship

This Court has long recognized interference with an existing employment or contract relationship as an actionable tort. The law in Maine provides relief in damages “wherever a person, by means of fraud or intimidation, procures, either the breach of a contract or the discharge of a plaintiff, from an employment, which but for such wrongful interference would have continued.” Perkins v. Pendleton, 90 Me. 166, 176, 38 A. 96, 99 (1897); accord, Boston Cas. Co. v. Bath Iron Works Corp., 136 F.2d 31 (1st Cir.1943); Taylor v. Pratt, 135 Me. 282, 284, 195 A. 205, 207 (1937). See also, Harmon v. Harmon, Me., 404 A.2d 1020 (1979). Although none of the cases heretofore has dealt specifically with the attorney-client relationship, the principles of the law of interference as set forth above are equally applicable in that situation as in other employment or contract situations. Plaintiff’s complaint alleges an employment relationship and the rupture of that relationship as a result of defendant’s threats that he would not seek to have the complaint against Mercer dismissed if plaintiff continued to represent Mercer. These allegations, which include the essential element of intimidation, Boston Cas. Co. v. Bath Iron Works Corp., 136 F.2d at 34, are sufficient to state a claim upon which relief could be granted and the court erred in dismissing this portion of the complaint.

The entry is:

Judgment vacated. Remanded to Superi- or Court for entry of an order dismissing only that portion of the complaint asserting a claim for invasion of privacy.

All concurring.