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Maine Hospital Law

Patricia Theriault v. Genesis Healthcare, LLC

District of Maine Federal Courthouse - Portland, Maine

Plaintiff-appellant Patricia
Theriault bills this case as one in which the district court
ignored the teachings of the Maine Supreme Judicial Court (known
in its appellate capacity as the Law Court) and improperly relied
on the McDonnell Douglas framework, see McDonnell Douglas Corp. v.
Green, 411 U.S. 792 (1973), when granting her employer's motion
for summary judgment. At... More...
   $0 (05-21-2018 - ME)

Andrew March v. Janet T. Mills

This appeal concerns a
constitutional challenge brought by a protester who opposes
abortion. He seeks to enjoin the enforcement of a provision of
the Maine Civil Rights Act ("MCRA"), Me. Rev. Stat. Ann. tit. 5,
§ 4684-B(2), that, he contends, facially violates the First
Amendment's guarantee of the freedom of speech.1 The challenged
provision bars a person from making ... More...
   $0 (08-08-2017 - ME)


Gardiner woman pleads guilty to identity theft, fraud charges

Beginning in 2005, Rittall acquired other people’s personal
identifiers, including their birth dates and social security
numbers, by offering to help them file tax returns and claims
for rent rebates under Maine’s Residents Property Tax and Refund
“Circuit Breaker” program. Between 2006 and 2012, Rittall
prepared and filed false federal and state income tax returns in More...
   $0 (04-09-2017 - ME)

Brittany Irish v. State of Maine

Plaintiffs Brittany and Kimberly Irish (together, "the
Irishes") brought this 42 U.S.C. § 1983
action against Maine State Police officers after Anthony Lord, a
former boyfriend of Brittany Irish ("Irish"), broke into her
parents' home, fatally shot her boyfriend (Kyle Hewitt), shot and
grievously wounded her mother (plaintiff Kimberly Irish), abducted
her, and engaged in a... More...
   $0 (03-01-2017 - ME)

PARKVIEW ADVENTIST MEDICAL CENTER, Appellant, v. UNITED STATES OF AMERICA, on behalf of the Department of Health and Human Services, Centers for Medicare & Medicaid Services

This is an important case resting at the intersection of the Bankruptcy Code and Medicare law. It
concerns the efforts of the Parkview Adventist Medical Center ("Parkview") in Brunswick, Maine, which filed for bankruptcy on June 16, 2015, to use the Bankruptcy Code to challenge the actions of appellee United States, through the Centers for Medicare & Medicaid Services ("CMS"), in terminating... More...
   $0 (11-29-2016 - ME)

State of Maine v. Leanna M. Norris

The following facts are taken directly from the trial court’s decision,
and these facts, which the court found to have been proved beyond a reasonable
doubt, are supported by competent record evidence. See State v. Herzog,
2012 ME 73, ¶¶ 2, 13, 44 A.3d 307.
[¶4] Norris, the child, and the child’s father were living together at an
apartment in Auburn. Between June 19 and... More...
   $0 (03-03-2016 - ME)

State of Maine v. Jason J. Weaver

Jason J. Weaver appeals from a judgment of conviction for aggravated assault, 17-A M.R.S. § 208(1)(A) (2014),1 entered in the Unified Criminal Docket
(Cumberland County, Warren, J.) after a jury trial. Weaver argues that his trial
was tainted by obvious error as a result of a statement the prosecutor made during
closing argument and the court’s self-defense jury instruction. He al... More...
   $0 (01-16-2016 - ME)

Harrison v. Granite Bay Care, Inc

This case requires us to, once again, interpret and apply Maine's Whistleblower Protection Act,
Me. Rev. Stat. tit. 26, § 833. Appellant Torrey Harrison
("Harrison"), a social worker, wants to be able to tell a jury
that appellee Granite Bay Care, Inc. ("Granite Bay") illegally
fired her in violation of that statute. Her theory is Granite Bay
was getting back at her for... More...
   $0 (01-14-2016 - ME)

Mark J. Theriault v. State of Maine

We view the record of both the post-conviction proceeding and the
underlying criminal action in the light most favorable to the State as the prevailing
party. See Lamarre v. State, 2013 ME 110, ¶ 2, 82 A.3d 845. Theriault was
indicted in July 2008 for unlawful sexual contact committed in March 2008 against
a child who, at the time of the offense, was six years old. Attorney ... More...
   $0 (11-01-2015 - ME)

Arn H. Pearson v. Mary Lou Wendell

In this high-conflict case, Arn H. Pearson appeals from a judgment of
divorce from Mary Lou Wendell issued by the District Court (Portland, Eggert, J.).
Pearson argues that the court erred by (1) awarding Wendell sole parental rights
and responsibilities affecting the parties’ three minor children; (2) failing to
properly apply statutory factors, see 19-A M.R.S. § 951-A(5) (20... More...
   $0 (10-22-2015 - ME)

United States of America v. Nicole A. Breton

Bangor, ME - Chelsea Woman Sentenced to 21 Months for Being an Accessory to a Pharmacy Robbery

Nicole A. Breton, 21, of Chelsea, Maine was sentenced today in U.S. District Court by Judge John A. Woodcock, Jr. to 21 months in prison and three years of supervised release for being an accessory after the fact to a pharmacy robbery. An accessory after the fact is a person who, knowing that ... More...
   $0 (08-07-2015 - ME)

United States of America v. Nicole A. Breton

Bangor, ME - Nicole A. Breton, 21, of Chelsea, Maine pleaded guilty in U.S. District Court to being an accessory after the fact to a pharmacy robbery. An accessory after the fact is a person who, knowing that an offense against the United States has been committed, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment.

Court records show tha... More...
   $0 (02-09-2015 - ME)

United States of America v. Lance M. Szady

Bangor, ME - Lance M. Szady, 26, of Augusta, Maine pleaded guilty in U.S. District Court to pharmacy robbery.

Court records show that on September 2, 2014, Dominic J. Pomerleau robbed the Rite Aid Pharmacy located on Hospital Street in Augusta, Maine. He approached the pharmacy counter with a note that demanded oxycodone and absconded with three bottles of oxycodone. Szady had driven Po... More...
   $0 (02-10-2015 - ME)

United States of America v. Dominic J. Pomerleau

Bangor, Maine: United States Attorney Thomas E. Delahanty II announced that Dominic
J. Pomerleau, 21, of Augusta, Maine pleaded guilty today in U.S. District Court to pharmacy
robbery and attempted pharmacy robbery charges.

Court records show that on the evening of September 2, 2014, Pomerleau attempted to
rob the Rite Aid Pharmacy located on North Belfast Avenue in Augusta. H... More...
   $0 (01-23-2015 - ME)

Maine Medical Center v. Sylvia M. Burwell, Secretary, U.S. Department of Health and Human Services

Maine Medical Center ("Maine
Medical") challenges a district court ruling upholding the decision
of the Secretary for the Department of Health and Human Services
("HHS") denying Maine Medical's claim for partial federal
reimbursement of "bad debt" for two fiscal years. Maine Med. Ctr.
v. Sebelius, No. 2:13-CV-00118-JAW, 2014 WL 1234173, at *1 (D. Me.
Mar. 25, 2014). A "bad ... More...
   $0 (01-05-2015 - ME)

Katherine M. Cady v. Barbara Walsh (Cumberland County Jail)

Katherine Cady, on behalf of the estate of her son, Paul Victor Galambos, III, brought this 42 U.S.C. § 1983 action after Galambos's death from self-inflicted injuries that he suffered while he was a pretrial detainee at the Cumberland County Jail (CCJ). The action alleged that employees of Corizon, Inc., the private company providing healthcare services at CCJ, were deliberately indifferent to G... More...   $0 (06-04-2014 - ME)

United States of America v. Nicholas McDonald

United States Attorney Thomas E. Delahanty II announced that Nicholas
McDonald, 32, of Holden, Maine, pleaded guilty today in U.S. District Court to possession
with intent to distribute heroin and being a felon in possession of a firearm.

According to Court records, on April 5, 2013, the defendant was arrested after he fled
from a vehicle that was stopped by law enforcement a... More...
   $0 (03-04-2014 - ME)

In Re Estate of Mary E. Hiller

[¶1] Paul A. Ligor, son of the deceased, Mary E. Hiller, appeals from an amended judgment of the Knox County Probate Court (Emery, J.) partially denying his motion for relief from a judgment pursuant to M.R. Prob. P. 60(b) and M.R. Civ. P. 60(b). In its judgment, the Probate Court: (1) found that Ligor had solicited a power of attorney when his mother “was not of sound mind” and then wrongful... More...   $0 (01-09-2014 - ME)

Claire Trott v. H.D. Goodall Hospital

[¶1] Claire Trott appeals from the Superior Court’s (York County, Fritzsche, J.) grant of a summary judgment in favor of her former employer, H.D. Goodall Hospital, on Trott’s claim that the Hospital violated section 833(1)(C) of Maine’s Whistleblowers’ Protection Act (WPA), 26 M.R.S. §§ 831-840 (2012), when it discharged her for participating in a deposition in connection with a wrongf... More...   $0 (03-31-2013 - ME)

Perri Frame v. Millinocket Regional Hospital

[¶1] Perri Frame appeals from a judgment entered in the Superior Court (Penobscot County, Anderson J.) dismissing her unsworn notice of claim, filed pursuant to the Maine Health Security Act (MHSA or Act), 24 M.R.S. § 2903(1)(A) (2012), on the ground that the defective notice failed to toll the applicable statute of limitations. We clarify the effect of a change in the MHSA and conclude that Fra... More...   $0 (12-03-2013 - ME)

Peerless Indemnity Insurance Company v. Robbin W. Frost

Dr. Robbin Frost, a licensed podiatrist, was driving alone in her husband's Pontiac Bonneville when she was severely injured in a collision caused by an underinsured motorist. So far, she has collected $250,000 in insurance proceeds; she seeks further payment from Peerless Indemnity Insurance Co. and Peerless Insurance Co. (together, "Peerless"), who issued business owner's and excess/umbrella po... More...   $0 (07-10-2013 - ME)

United States of America v. Mark Stephen Palmquist

Mark Palmquist is a Marine Corps veteran who worked as a civilian employee with the U.S. Department of Veterans Affairs from 2004 to 2010. He was convicted of fraud in connection with his own receipt of veterans benefits.

Adverting to Garrity v. New Jersey, 385 U.S. 493 (1967), Palmquist challenges his conviction on grounds that statements he made during an interview with a Veterans Admini... More...
   $0 (04-12-2013 - ME)

United States v. Anthony Jones

Anthony Jones was indicted on one count of possessing five or more grams of cocaine base, in violation of 21 U.S.C. § 841(a)(1). After his motion to suppress evidence was denied, he entered a conditional plea of guilty. See Fed. R. Crim. P. 11(a)(2). Mr. Jones was sentenced to 180 months’ imprisonment. Footnote He now timely appeals the denial of his suppression motion as well as the use of ce... More...   $0 (12-11-2012 - ME)

Paul V. Levesque v. Central Maine Medical Center

[¶1] In this appeal, we consider the following question: When a physician is alleged to have acted as an apparent agent of a hospital, does the Maine Health Security Act, 24 M.R.S. §§ 2501-2987 (2011),1 require that the alleged negligent acts or omissions of that physician be evaluated by the mandatory prelitigation screening and mediation panel before a claim may be brought in court against th... More...   $0 (08-21-2012 - ME)

Jane Mead v. Independent Association

Jane Mead was fired from her job as administrator of fifteen assisted living facilities operated by Independence Association ("IA") and licensed by the Maine Department of Health and Human Services ("DHHS"). Pursuant to 42 U.S.C. § 1983, Mead filed suit against IA and two DHHS employees in the United States District Court for the District of Maine, alleging that her termination without a hearing ... More...   $0 (07-11-2012 - ME)

Budd P. Grant v. Jessica L. Hamm

[¶1] Jessica L. Hamm appeals from a judgment of the District Court (Waterville, Dow, J.) awarding sole parental rights and responsibilities of the parties’ daughter to Budd P. Grant. See 19-A M.R.S. § 1653 (2011). Hamm argues that the court abused its discretion by relying largely on its determination that she willfully misused the protection from abuse process, 19-A M.R.S. § 1653(3)(O), to t... More...   $0 (06-19-2012 - ME)

Estate of Kristin Cummings v. James Davie

[¶1] The Estate of Kristin Cummings (Estate) appeals from a summary judgment entered in the Superior Court (Oxford County, Clifford, J.) in favor of defendants James and Jadzia Davie. The Estate argues that the court erred as a matter of law by declining to extend a duty of care to the Davies, Kristin’s parents, to prevent or inhibit Kristin from committing suicide in circumstances where, after... More...   $0 (03-27-2012 - ME)

Mary Walsh v. Town of Millinocket

[¶1] In this case, a jury has found, twice, that a Town Councilor exhibited discriminatory animus towards Mary Walsh because she had engaged in statutorily-protected conduct, and that this discriminatory animus was a cause or a motivating factor for the Millinocket Town Council’s decision to eliminate Mary Walsh’s position and thus terminate her employment with the Town. Walsh contends that d... More...   $0 (09-08-2011 - ME)

Sisters of Charity Health System, Inc. v. Douglas Farrago

[¶1] Sisters of Charity Health System, Inc. (SOCHS),1 a nonprofit integrated healthcare system, sued its former employees—Douglas Farrago, M.D., Raymond Stone, D.O., and Carolyn Kase, D.O.—to enforce restrictive covenants contained in contractual agreements between the doctors and SOCHS. Following a jury-waived trial, the Superior Court (Androscoggin County, Delahanty, J.) enforced the restri... More...   $0 (05-26-2011 - ME)

Dwayne Bonney v. Stephen Memorial Hospital

[¶1] This appeal stems from an incident in which a hospital security guard overheard a conversation between Dwayne and Debbie Bonney and emergency room nurses attending to them and then reported information from that conversation to local law enforcement officials. The report led police to interview the Bonneys and then obtain a warrant authorizing the search of the Bonneys’ residence, resultin... More...   $0 (04-12-2011 - ME)

United States of America v. Jon R. Hughes

Defendant-appellant Jon R. Hughes appeals from the denial of his motion to suppress evidence obtained during a "knock and talk" interview, an ensuing search, and further interrogation at a later date. His appeal presents nuanced questions concerning the nature of the interview, the voluntariness of his statements, the legitimacy of his consent to the search, and the workings of the inevitable disc... More...   $0 (04-08-2011 - ME)

Katie Gniadek v. Camp Sunshine at Sebago Law, Inc.

[¶1] In 2005, Katie Gniadek attended Camp Sunshine at Sebago Lake and met Michael Newton, a volunteer counselor. More than two months after Gniadek left the Camp, Newton sexually assaulted her. At issue on appeal are Gniadek’s claims that (1) Camp Sunshine’s negligence led to the sexual assault, and (2) the Camp is vicariously liable for Newton’s conduct. Because we conclude that Gniadek ca... More...   $0 (01-13-2011 - ME)

Sharon Pratt v. Dr. Steven Keefe and CAP Quality Care

Sharon Pratt sued Dr. Steven Keefe and CAP Quality Care on medical negligence and respondeat superior theories claiming that she was wrongfully given high doses of methadone. She claimed that she had overdosed several times and had been warned to tell the clinic reduce her dosage.

Defendants denied wrongdoing.

According to The Portland Press Herald:

"A jury has awarde... More...
   $244000 (02-12-2011 - ME)

Kristine Thayer v. Eastern Maine Medical Center

Dr. Kristine Thayer sued Eastern Maine Medical Center for asking her to improve her behavior in an employee corrective action plan. Plaintiff claimed that Defendant wrongfully asked her to modify what was characterized as "disruptive behavior" in the hospital operating rooms. Plaintiff also alleged that Defendant retaliated against her for expressing concerns about another surgeon's care and comm... More...   $0 (07-24-2010 - ME)

Janeen Miller v. Kristen Nichols

Plaintiffs are the parents of a child removed from them by the state after extensive proceedings resulted in a finding that the best interests of the child required termination of their parental rights. In re G.M., No. PC-05-75 (Me. D. Ct. Jan. 23, 2008). The parents then sued in federal court, asserting violations of statutory and constitutional rights during the termination proceedings and parti... More...   $0 (11-04-2009 - ME)

Franklin Memorial Hospital v. Brenda M. Harvey

Since 1989, Maine has required all hospitals to provide free medical services to certain low income patients under a set of statutes and regulations collectively known as "free care laws." See Me. Rev. Stat. Ann. tit. 22, §§ 1715, 1716; 10-144-150 Me. Code R. § 1.01 et seq. Maine's free care laws do not reimburse the hospitals for their expenses incurred in delivering care to low income patient... More...   $0 (08-05-2009 - ME)

William Picher v. The Roman Catholic Bishop of Portland, et al.

[¶1] William Picher appeals from a judgment of the Superior Court (Kennebec County, Marden, J.) granting a summary judgment to the Roman Catholic Bishop of Portland on its affirmative defense of charitable immunity. Picher argues that we should abrogate the doctrine of charitable immunity for acts of negligence associated with the sexual abuse of a minor, and that we should not extend the doctrin... More...   $0 (07-07-2009 - ME)

Lynn Gierie, et al. v. Mercy Hospital

[¶1] Lynn Gierie and Robert H. Gierie, individually and as next friends of Robert H. Gierie III (Robbie), appeal from a judgment entered in Superior Court (Cumberland County, Cole, J.) denying their M.R. Civ. P. 50(b) post-jury verdict motion for judgment as a matter of law or for a new trial on their medical malpractice complaint against Mercy Hospital. The Gieries contend that the trial court v... More...   $0 (04-30-2009 - ME)

Estate of Daniel Bennett, II, et al. v. Christopher Wainwright, et al.

This appeal involves the tragic death of Daniel Bennett II ("Bennett"), a mentally ill young man, when he opened fire against Maine law enforcement officers who had been called to his home. The officers responded with gunfire and Bennett was killed. Bennett's estate ("the Estate") -- his mother, Arlene Bedard ("Arlene"); his grandmother, Isabel Bedard ("Isabel"); and his sister, Laurie Hart ("Laur... More...   $0 (11-26-2008 - ME)

Amica Mutual Insurance Company v. Estate of Ester Pecci, et al.

Linda Mario, the personal representative of the Estate of Esther Pecci, and Lawrence Pecci appeal from a summary judgment entered in the Superior Court (Cumberland County, Cole, J.) in Amica Mutual Insurance Company's action seeking a declaratory judgment prohibiting the Estate from maintaining a wrongful death action against Lawrence. Mario and Lawrence contend that the Superior Court erred ... More...   $0 (06-12-2008 - ME)

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