Portland, Maine civil litigation personal injury lawyers represented Plaintiff who sued Defendants
alleging breach of fiduciary duty under the Maine Uniform Power of Attorney Act (the “MUPAâ€�) (Count I), excessive compensation under the MUPA (Count II), breach of common law fiduciary duty to render an account (Count III), breach of duty of loyalty through expenditures to benefit Olson (Cou... More...    $0 (06-21-2023 - ME)

In this case, we need to determine
whether an employee of the Internal Revenue Service ("IRS")
"willfully violate[d]" an order from the bankruptcy court
discharging the debts of debtor-taxpayer William C. Murphy, as
that term is used in 26 U.S.C. § 7433(e). After careful
consideration, we hold that an employee of the IRS "willfully
violates" a discharge order when the emplo... More...    $0 (06-07-2018 - ME)

The overriding question in this
appeal is whether the district court appropriately denied an
offense-level reduction for acceptance of responsibility under the
sentencing guidelines. The answer to this question depends, in
large part, on whether the court appropriately found certain
conduct to be "relevant conduct" within the meaning of USSG §1B1.3.
Here, however, a procedu... More...    $0 (02-28-2018 - ME)

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)

On January 21, 2014, two Maine game wardens summonsed Austin for
failing to label a tree stand pursuant to 12 M.R.S. § 10652(1)(B)(2), which
provides:
A person may not while hunting any wild animal or wild bird:
. . . .
(2) Except as provided in this paragraph, erect or use either a portable or permanent ladder or observation stand on the land of another person unless: ... More...    $0 (01-19-2016 - ME)

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)

Basically, plaintiffs are upset because they think four
ANR&P articles — published between December 2009 and March 2011 —
contained false and defamatory statements. Discussing a train
derailment on a Springfield-owned rail line, the first article —
after relying on reports in leading newspapers — quoted a state
official as saying the accident was "'perfectly predictable'"... More...    $0 (10-13-2015 - ME)

Today's appeal centers on a district judge's decision
kicking out this battle-scarred defamation case on summary
judgment. By way of introduction, plaintiffs are David Andrew
Fink, Pan Am Systems, Inc., and Springfield Terminal Railway
Company. Fink is the former President and CEO of Pan Am, the
parent corporation of Springfield. Defendants are Chalmers
Hardenbergh and Atla... More...    $0 (10-12-2015 - ME)

In the aftermath of the Deepwater Horizon oil spill of 2010, Appellant Packgen, a manufacturer of packaging products, sought to sell oil containment boom to Appellees BP Exploration & Production, Inc. and BP America Production Company (collectively, "BP"). Despite months of negotiations, BP ultimately decided not to purchase any boom from Packgen. Packgen subsequently filed a five-count complaint ... More...    $0 (06-11-2014 - ME)

[¶1] John McClare appeals from a judgment entered by the Superior Court (Penobscot County, A. Murray, J.) granting James J. Rocha’s motion for summary judgment on McClare’s claim for specific performance of an alleged contract to sell real estate. McClare argues that the court erred in concluding that the emails between McClare and Rocha did not contain all the material terms necessary to for... More...    $0 (01-14-2014 - ME)

[¶1] Robert F. Almeder and twenty-eight other owners of property fronting Goose Rocks Beach in Kennebunkport (the Beachfront Owners) appeal from a decision of the Superior Court (York County, Brennan, J.) awarding the public a recreational easement over both the intertidal and dry sand portions of the Beach. The Beachfront Owners argue that the court erred in (1) permitting the State and neighbor... More...    $0 (02-04-2014 - ME)

[¶1] Helen Muther, Paul Woods, and the Buffett Coastal Trust appeal from a judgment of the Superior Court (Cumberland County, Warren, J.) concluding that they unreasonably interfered with the easement rights of Robert Flaherty and other members of their subdivision (the J-Lot owners) by installing video surveillance cameras on an easement crossing their property to provide access to a beach. Muth... More...    $0 (04-02-2013 - ME)

[¶1] Padraic H. Conroy appeals from a judgment of the Superior Court (Hancock County, Cuddy, J.) partitioning real property he owned as a tenant in common with Heather C. Wicks. Finding no error, we affirm the judgment.

I. BACKGROUND

[¶2] Conroy and Wicks are brother and sister. In the early 1970s, their mother began living in a two-story oceanfront cottage she owned in Surry, Main... More...    $0 (10-10-2013 - ME)

[¶1] Wilmington Trust Company (“Wilmingtonâ€�) appeals from a summary judgment entered in the District Court (Lewiston, Lawrence, J.) in favor of Karen Anne Sullivan-Thorne on Wilmington’s complaint seeking a judgment of foreclosure. Wilmington argues that the District Court erred in concluding that Wilmington’s foreclosure action was barred by the doctrine of res judicata based on prior li... More...    $0 (11-05-2013 - ME)

[¶1] Robert L. Gray appeals from a judgment of the Superior Court (Waldo County, Hjelm, J.) granting TD Bank, N.A.’s motion to dismiss his complaint asserting claims for breach of contract, negligence, and punitive damages. We affirm the dismissal of Gray’s contract and punitive damages claims, but we vacate the judgment with respect to the negligence claim.

I. BACKGROUND

[Â... More...    $0 (06-26-2012 - ME)

[¶1] This appeal arises from a shareholder’s derivative action pursuant to 13-C M.R.S. §§ 751-758 (2010) filed by Gary Voisine on behalf of Valley Firewood and Tree Farm, Inc. (“Valleyâ€�) against Valley and Robert J. Berube, a shareholder and president of Valley. Berube appeals from the judgment entered in the Superior Court (Aroostook County, Cuddy, J.) following a jury-waived trial, find... More...    $0 (12-29-2011 - ME)

[¶1] Scott Marquis appeals, and Brent Sirois, Kent Berdeen, and Claudia Berdeen (collectively, the Berdeens) cross-appeal, from a judgment entered in the Superior Court (York County, Brennan, J.) affirming, after consolidating Scott Marquis’s two M.R. Civ. P. 80B appeals, decisions of the Town of Kennebunk Planning Board and Zoning Board of Appeals (ZBA). In their decisions, the Planning Board ... More...    $0 (12-15-2011 - ME)

[¶1] The Witham Family Limited Partnership (the Partnership) appeals from a judgment of the Superior Court (Hancock County, Cuddy, J.) dismissing its complaint against the Town of Bar Harbor and North South Corporation. In its complaint, filed pursuant to M.R. Civ. P. 80B, the Partnership challenged two decisions of the Town’s Zoning Board of Appeals in connection with North South’s applicati... More...    $0 (11-01-2011 - ME)

[¶1] Hallsmith/Sysco Food Services, Inc. (Sysco), appeals from a decision of a Workers’ Compensation Board hearing officer (Collier, HO) awarding Matthew Doucette the protection of the Act for a 2004 work injury and total incapacity benefits for a violation of the “fourteen-day rule.â€� See Me. W.C.B. Rule, ch. 1, § 1. Sysco contends that the award for the fourteen-day rule violation should ... More...    $0 (06-09-2011 - ME)

[¶1] This is the second appeal in a dispute between adjacent owners of shorefront land in York Harbor. See Britton v. Dep’t of Conservation (Britton I), 2009 ME 60, 974 A.2d 303. In Britton I, we held that if a wharf extending in front of the tidal flats of adjacent property injures the adjacent landowners’ enjoyment of their riparian rights, the Wharves and Weirs Act, 38 M.R.S. § 1026 (2010... More...    $0 (02-08-2011 - ME)

[¶1] Teresa L. Harvey appeals from a judgment of the Superior Court (Penobscot County, Hjelm, J.), entered after our decision in Harvey v. Dow (Harvey I), 2008 ME 192, 962 A.2d 322, in which we vacated the court’s original judgment and remanded for further proceedings. As she did in Harvey I, Teresa assigns error to the court’s ruling on the promissory estoppel count of her complaint against ... More...    $0 (01-06-2011 - ME)

[¶1] This appeal presents the question of whether, and to what extent, a decision by a panel of the Fee Arbitration Commission, pursuant to Maine Bar Rule 9, that is adopted as a judgment of the trial court, may serve as a full or partial bar to a legal malpractice counterclaim asserted in the fee collection action.

[¶2] Nancy J. Emerson appeals from a summary judgment entered in the Supe... More...    $0 (10-26-2010 - ME)

[¶1] This appeal presents questions related to a high-low settlement agreement—between a person injured in an automobile collision and an underinsured tortfeasor—and the interplay of that agreement with the injured party’s underinsured motorist insurance policy and Maine’s underinsured motorist coverage statute, 24-A M.R.S. § 2902 (2009). [¶2] Patricia Ruth Beal, who was injured in an a... More...    $0 (03-29-2010 - ME)

This appeal is the second in continuing litigation by a group of members of the Passamaquoddy Tribe called Nulankeyutmonen Nkihtaqmikon--the phrase means "We Protect the Homeland," and we refer to the group as NN--to challenge a Bureau of Indian Affairs ("BIA") decision; the decision approved a lease of a plot of Passamaquoddy land for the construction and operation of a liquefied natural gas ("LN... More...    $0 (10-29-2009 - ME)

[¶1] Blue Star Corporation appeals, and CKF Properties, LLC, cross-appeals, from a summary judgment of the Superior Court (Cumberland County, Delahanty, J.): (1) in favor of Blue Star on its claim for breach of contract against CKF; (2) in favor of CKF on Blue Star’s claim for lost profits damages resulting from the breach; and (3) in favor of CKF’s president, Timothy Flannery, as to all clai... More...    $0 (09-24-2009 - ME)

Class actions, by their very nature, can alter the usual dynamics of litigation and bring to bear on defendants and insurers alike intense pressure to settle. See, e.g., Waste Mgmt. Holdings, Inc. v. Mowbray, 208 F.3d 288, 293 (1st Cir. 2000) (discussing situations in which "the grant of class status raises the stakes of the litigation so substantially that the defendant likely will feel irresist... More...    $0 (08-05-2009 - ME)

[¶1] Robert W. Britton and Eleanor F. Britton appeal from a judgment of the Superior Court (York County, Brennan, J.) denying their request for equitable relief and damages for what they allege to be an infringement of their riparian rights by their neighbors, Daniel P. Donnell and the Trustees of the Donnell Realty Trust (Donnells), who own and operate two wharves, one of which extends forty-eig... More...    $0 (06-18-2009 - ME)

[¶1] Teresa L. Harvey appeals from a judgment entered by the Superior Court (Penobscot County, Hjelm, J.) in favor of Jeffrey B. Dow Sr. and Kathryn L. Dow on Harvey’s complaint seeking to compel the Dows to convey to her the land on which she built a house, or for damages based on the value of the house. Harvey contends that she is entitled to a judgment on theories of promissory estoppel or ... More...    $0 (12-23-2008 - ME)

On October 11, 2002, Ernest Edwards suffered injuries during a hunting excursion when a safety harness securing him to a tree malfunctioned, causing him to fall seventeen feet to the ground. On July 9, 2004, Edwards filed suit in the federal district court in Maine against the safety harness's manufacturer, Game Tracker, Inc. (Edwards' wife was also a plaintiff in the action but nothing turns o... More...    $0 (11-14-2007 - ME)

This case concerns dealings by Agway Inc., an agricultural cooperative, with Vaughn and Mary Sleeper. The Sleepers grew seed potatoes on their farm (Sleeper Farms) in Sherman Mills, Maine, and claim that Agway owes them money for potatoes harvested between 1998 and 2001. The parties have now litigated before a bankruptcy court, an arbitrator, and the federal district court twice; Agway has gone... More...    $0 (11-02-2007 - ME)

[1] Dennis Bracale appeals from a summary judgment entered by the Superior Court (Hancock County, Mead, J.) in favor of Harold C. and K. Elizabeth Gibbs on Bracale's complaint for specific performance based on promissory estoppel arising from Bracale's purchase of property in Bar Harbor. Bracale asserts that the motion court's application of the doctrine of merger and its interpretation of... More...    $0 (01-29-2007 - ME)

[1] Patrons Oxford Insurance Company appeals from a judgment entered in the Superior Court (Penobscot County, Mead, J.) declaring that (1) Preston A. Harris is an insured under an automobile policy issued by Patrons to David Ferguson; (2) Patrons is bound by a settlement agreement entered into between Harris and Darrell Luce Jr.; and (3) Luce could reach and apply against Patrons a judgment fo... More...    $0 (06-30-2006 - ME)

In... More...    $0 (08-05-2005 - ME)

Scott Bouchard appeals from a judgment of the District Court (Rumford, McElwee, J.) denying his petition for retroactive nullification of an administrative order that required him to pay child support. Bouchard contends that he is not equitably estopped from receiving retroactive relief and is entitled to reimbursement, by the Department of Human Services, of the child support he paid between 199... More...    $0 (01-13-2004 - ME)

Diane Hall appeals from a judgment, entered in the Superior Court (Knox County, Marden, J.), in favor of Zemero Corporation. Hall contends that the Superior Court erred in (1) construing an express easement to benefit Zemero and enjoining Hall from interfering with that easement; (2) finding an easement by estoppel; and (3) awarding Zemero $1000 in punitive damages. We vacate those parts of t... More...    $0 (09-08-2003 - ME)

Two basic arguments are urged on appeal. The first issue is whether the trial judge erred by excluding evidence and whether Bolduc... More...    $86381 (07-07-2003 - ME)

This case poses a question of first impression: should compensation awarded for work-hours lost during an employee's successful pursuit of a grievance count as "hours of service" within the meaning of the Family and Medical Leave Act (FMLA), 29 U.S.C. §§ 2601-2654 (1994)? The district court answered this question in the negative and, accordingly, entered judgment in favor of the employer. (1) W... More...    $0 (09-13-2002 - ME)

Plaintiffs were formerly employed as sales representatives of Phoenix Home Life Mutual Insurance Company ("Phoenix I"), now known as Phoenix Life Insurance Company, and are participants in the Phoenix Home Life Mutual Insurance Company Group Sales Representative Deferred Compensation Plan ("the Plan"). Defendant-appellees include Phoenix Life Insurance Company, Phoenix Home Life Mutual Insurance C... More...    $0 (11-11-2002 - ME)

[1] John B. and Marcia Ruffing appeal from the judgment entered in the Superior Court (Kennebec, Marden, J.) following a jury's verdict in favor of Joseph C. Curran on his claim for breach of contract in the sale of the Ruffings' business, Ruffing Associates. The Ruffings assert that the Superior Court erred by denying their motion for judgment as a matter of law, and by admitting Curran's... More...    $0 (03-28-2002 - ME)

Action to recover brokerage fees on the basis of promissory estoppel. ... More...    $75000 (07-09-1999 - ME)