Me. Rev. Stat. tit. 10, § 1190-A (2026)

Action filed; court

✓ current as of May 2026

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An action, filed in a court of competent jurisdiction, that gives rise or could give rise to a claim or defense under this chapter must be stayed if, within 60 days after the date of filing of the complaint, or service of process, whichever date is later, a party to the action files a complaint with the board asserting the claims or defenses under this chapter. [PL 2003, c. 356, §12 (NEW).]

SECTION HISTORY

PL 2003, c. 356, §12 (NEW).

Notes of Decisions

Cited in 3 cases, 2014–2017 · leading case: Ford Motor Co. v. Darling's, 2014 ME 7 (Me. 2014).

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Ford Motor Co. v. Darling's, 2014 ME 7 (Me. 2014). · cites it 2× “” 10 M.R.S. § 1190-A. Also, as previously noted, an “appeal for hearing” from a decision of the Board to the Superior Court is subject to section 1173, which governs actions seeking damages or equitable relief to remedy unfair trade practices.”

Darling's v. Chrysler Grp., LLC, 57 F. Supp. 3d 68 (D. Me. 2014). “Third, 10 M.R.S. § 1190-A provides that an action in a “court of competent jurisdiction” must be stayed if the action “gives rise or could give rise to a claim or defense” under the Dealers Act and “a party to the action” files a timely complaint with the Maine Franchise Board.”

FCA US LLC v. Sec'y of State (Me. Super. Ct 2017). “) Pursuant to 10 M.R.SA. § 1190-A, Darling's commenced the Board action at issue in the present appeal nnd l'ilect a motion to stay the action commenced by FCA in the U.”

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