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	State supreme court - Wikipedia, the free encyclopedia
		Other states' supreme courts have used the term "Appeals": New Jersey's supreme courts under the 1844 constitution and Delaware's supreme court were both the "Court of Errors and Appeals", the "Errors" referring to the aforementioned egregious misconduct of lower courts the supreme court could be placed to correct.
		Louisiana Supreme Court (formerly the "Superior Court of Louisiana" and the "Superior Court of the Territory of Orleans")
		Supreme Court of Virginia (formerly the "Supreme Court of Appeals")
	en.wikipedia.org /wiki/State_supreme_court (1022 words)

	Maine Supreme Judicial Court - Wikipedia, the free encyclopedia
		The Maine Supreme Judicial Court is the highest court in Maine's judicial system.
		Known as the Law Court, when sitting as an appellate court, it is comprised of seven justices, who are appointed by the governor and confirmed by the state senate.
		Maine • Maryland • Massachusetts • Michigan • Minnesota • Mississippi • Missouri • Montana • Nebraska • Nevada • New Hampshire • New Jersey • New Mexico • New York • North Carolina • North Dakota • Ohio • Oklahoma • Oregon • Pennsylvania • Rhode Island • South Carolina • South Dakota • Tennessee • Texas • Utah • Vermont • Virginia • Washington • West Virginia • Wisconsin • Wyoming
	en.wikipedia.org /wiki/Maine_Supreme_Judicial_Court (167 words)

	Coverage Analysis
		Maine courts have adopted a strict subjective standard for determining whether bodily injury or property damage is expected or intended by the insured.
		Maine courts have ruled that even the entry of a default judgment is not sufficient to bar coverage unless the insurer can show that the court would not have set aside the default even had it intervened and petitioned to have the default removed.
		Dingwell, supra, the Maine Supreme Judicial Court ruled in 1980 that liability insurers must defend private claims that pollution had occurred as part of an "ongoing, deliberate process" since the suit did not specify whether the "on-going" pollution was the initial release of pollutants or their "post-discharge" presence in the environment.
	www.settlementnegotiation.org /coverageanalysis/statebystate/maine (2995 words)

	No. 98-436: Alden v. Maine - Merits
		The Court reasoned that the Supremacy Clause required the Ohio courts to permit juries to decide the issue of fraud in FELA cases because the right to a jury trial is "part and parcel of the remedy afforded railroad workers under the Employers Liability Act." Id. at 363.
		The Maine Supreme Judicial Court held that the Eleventh Amendment to the Constitution and the principle of sovereign immunity that it embodies afford a defense to petitioners' FLSA claims in state court, notwithstanding Congress's express provision for such suits.
		The Court noted that "language used by this Court in cases construing" the Eleventh Amendment's limits on federal judicial power, as well as "language used during the debates on ratification of the Constitution," manifested a "widespread acceptance of the view that a sovereign State is never amenable to suit without its consent." Id.
	www.usdoj.gov /osg/briefs/1998/3mer/2mer/98-0436.mer.html (10063 words)

	wilbur
		Respondent appealed to the Maine Supreme Judicial Court, arguing that he had been denied due process because he was required to negate the element of malice aforethought by proving that he had acted in the heat of passion on suden provocation.
		The court further held that '(m)alice aforethought is made the distinguishing element of the offense of murder, and it is expressly excluded as an element of the offense of manslaughter.' Id., at 153.
		In that case a State Supreme Court's reinterpretation of a criminal statute was so novel as to be 'unforeseeable' and therefore deprived the defendants of fair notice of the possible criminality of their acts at the time they were committed.
	wings.buffalo.edu /law/bclc/web/wilbur.htm (6264 words)

	Alden v. Maine (Site not responding. Last check: 2007-10-10)
		Although the Court's construction of FELA relied heavily upon Parden and stare decisis, it observed that the "primary focus" of a statutory construction should be "the language and history" of the statute.
		The Court cautioned that although the scope of Eleventh Amendment immunity is "a relevant consideration," achieving symmetry between a state's liability in state and federal courts should not be imperative.
		To the extent that Maine's common law doctrine of sovereign immunity conflicts with the provisions of the FLSA which subject the State to liability in state court, the Supremacy Clause resolves that conflict in favor of the FLSA.
	lw.bna.com /lw/19980818/97446a.htm (3065 words)

	Maine Supreme Court Upholds Town's Decision In Huffmire Case
		The Maine Supreme Judicial Court rejected the appeal of Madelyn and Donald Huffmire and upheld the Superior Court ruling in favor of the Town of Boothbay this week.
		In its decision dated Sept. 25 the Supreme Court remands the appeal to Superior Court for dismissal of four counts and affirms the lower court's decision of one count.
		The decision was upheld by the Board of Appeals and then by Superior Court before being taken to the Supreme Court on appeal.
	boothbayregister.maine.com /2000-09-28/court_case.html (304 words)

	MAINE SUPREME JUDICIAL COURT (Site not responding. Last check: 2007-10-10)
		The Law Court has already decided that the MHRA does not require a showing of a “substantial limitation” on a “major life activity.” In fact, this Court has found that conditions that have no adverse effect whatsoever can nevertheless be “physical or mental disabilities” under the MHRA.
		The Court rejected defendant’s argument that the definition required that there be a discharge of a pollutant or pollutants because “the common definition of the word includes does not suggest it is a word of limitation.” Id.
		Even if this Court were to find that an ambiguity exists surrounding whether the second category should control the entire definition, the legislative history shows conclusively that the second part was meant to introduce a second and distinct category, not to limit the first.
	www.drcme.org /amicusw.html (3748 words)

	Maine Supreme Court Strikes Down Policy Limitation on Uninsured Motorist Coverage
		The high court had previously ruled that under Maine's uninsured motorist statute, liability extends to cover not only named insureds, but any individual for whom a named insured is legally entitled to bring a claim for damages caused by an uninsured motorist.
		The court said this Butterfield case raised the question of whether an insurer may use limiting language in an uninsured motorist policy, restricting its coverage to claims brought by named insureds, for injuries sustained by named insureds.
		The court noted that it always construes conditions and exceptions of the insurance contract strictly against the insurer and liberally in favor of the insured.
	www.insurancejournal.com /news/east/2004/10/04/46460.htm?print=1 (474 words)

	STATE SUPREME JUDICIAL COURT
		The high court justices wrote that the answer "is not in doubt", saying that gay and lesbian partners have the same rights as heterosexual partners to have full co-guardianship rights.
		The birth mother claimed that, under Maine law, an individual who is not related to a child by birth or adoption can never be eligible for parental rights unless the legal parent puts the child in jeopardy.
		Blethen Maine Newspapers filed a Maine Freedom of Access request with the attorney general in 2002 seeking records pertaining to the attorney general´s investigation of alleged sexual abuse by priests who are now deceased.
	www.actwin.com /eatonohio/gay/scmaine.html (808 words)

	Maine Supreme Court Rules on Abuse Exclusion (Site not responding. Last check: 2007-10-10)
		Maine Bonding & Casualty Co. insured the Chalet Motel where one of the motel owners sexually exploited Sarah and Bianca when they were aged 13 and 12.
		The high court noted that the term "abuse" is not defined in the policy, nor does the policy limit abuse to sexual or physical activity or to conduct involving minors.
		The court said that fact that the word "abuse" may have more than one definition does not by itself mean its use in the policy exclusion is ambiguous.
	www.insurancejournal.com /news/east/2005/01/27/50394.htm?print=1 (313 words)

	MAINE SUPREME COURT DECISION 31 DECEMBER 1997
		Accordingly, we conclude that it was error for the trial court to grant Key Bank's motion for a summary judgment in its favor.
		Whereas in equity the court determines whether both the subjective degree of belief in the evidence (burden of persuasion) and the belief-inducing capacity or quality of the evidence (burden of production) are met, at law those functions are assigned to the jury and the court, respectively.
		Usually, courts see a need to balance the protection of one party's interest in the future enjoyment of economic gain against society's concern that competition be unhampered and the interfering party's right to freedom of action be protected.
	www.greatmaine.com /justicewhen/exhibit/exhibit_h.html (3463 words)

	Harding v. Wal-Mart, Maine Supreme Judicial Court, No Pen-00-395,2001 (Site not responding. Last check: 2007-10-10)
		The court found that Wal-Mart's failure to do so was in bad faith, assessed a civil forfeiture of $500, and required Wal-Mart to reimburse Harding for her reasonable attorney fees.
		The Superior Court affirmed the judgment of the District Court, and Wal-Mart filed this appeal.
		The fact that other legislative bodies have chosen to exempt investigative records from the requirements of similar statutes, however, does not support a construction of the Maine statute as containing an exemption which is not expressly contained in the language of the statute.
	www.securitymanagement.com /library/Harding_Walmart1201.html (1148 words)

	The Heartland Institute - Maine Supreme Court Denies Public Funding for Sectarian Schools - by Karla Dial
		On April 26, the Maine Supreme Judicial Court ruled in a 6-1 decision that the state is not required to publicly fund religious schools under the Town Tuitioning Program, effectively ending a 15-year legal battle over school choice.
		IJ senior litigation attorney Dick Komer called the court's decision "viewpoint discrimination." He had argued before the court on behalf of eight families in three towns who sent their children to religious schools and were then denied the state funding their public-school-going neighbors received.
		The ruling may jeopardize a decision the townspeople on one island off Maine's coast reached in March to publicly fund their children's education regardless of the type of school the parents choose to send them to on the mainland.
	www.heartland.org /Article.cfm?artId=19169 (459 words)

	MGP Fight for Ballot Access - Transcript of the Maine Supreme Court of MAINE GREEN PARTY v SECRETARY OF STATE, Docket: ...
		The voter or group of voters who file the declaration of intent may perform the duties of the state committee under section 321 subsection 1 for the party's initial convention.
		It sought, among other things, a declaratory judgement favorable to its position with respect to the meaning of 21-A MRSA Sec 301(1)(C); that the statute allows it to maintain qualified status because its gubernatorial candidate polled at least five percent of the vote in the last gubernatorial election.
		We conclude that section 301(1)C) requires the Green Party to be disqualified as a political party because its candidate polled less than five percent of the vote in the last general election, and accordingly we answer the certified question in the affirmative.
	www.mainegreens.org /electoral/party/BallotAccess/fed97120.htm (2050 words)

	NCPA - Education - Maine Court's Decision Jeopardizes School Choice (Site not responding. Last check: 2007-10-10)
		In an April 23 ruling, Maine's Supreme Judicial Court upheld the state's "tuitioning" laws -- which require that religious schools be excluded from participating in tuition assistance programs.
		Constitutional scholars say a long line of U.S. Supreme Court decisions makes it clear that even-handed treatment of religious institutions is perfectly consistent not only with the separation of church and state but also with the nondiscrimination and equality principles enshrined in the Constitution.
		For more than 200 years, Maine paid for students who lived in areas without public schools to attend the school of their choice -- public or private, religious or secular.
	www.ncpa.org /pi/edu/pd050399c.html (288 words)

	Kenneth P. Altshuler Biographical Information - Childs Rundlett Fifield Shumway & Altshuler
		He is the former Chair of the Maine State Bar Association Family Law section, as well as the section’s former secretary and Legislative Liaison.
		In 1995, Ken was appointed by the Chief Justice of the State of Maine Supreme Judicial Court to the Committee to Study the Role of the Courts in Protecting Children.
		In 1996, Ken was appointed by the Chief Justice of the State of Maine Supreme Judicial Court to the Committee to Develop a Guardian ad Litem Training and Certification Program.
	www.mainelegalservice.com /kpabio.htm (501 words)

	Maine Supreme Court Upholds Denturist Suspension
		There was abundant support for the court's conclusion that Dhuy continued to engage in deceptive and misleading advertising after being sanctioned by the Board in 1998.
		The court was specific in its terms and described in reasonable detail the advertising activities, record keeping, and use of the DDM diploma and the prefix "doctor," and how these acts were to be restrained.
		After the Administrative Court was abolished, the case was transferred to the District Court in Newport.
	www.casewatch.org /board/dent/dhuy.shtml (2718 words)

	Insurance, December 7, 1999 from Holland & Knight LLP (Site not responding. Last check: 2007-10-10)
		Supreme Court Of California Rules That Advertising Liability Insurance Policy Covers Infringement Of "Title" Or "Slogan," But Not Infringement Of Any Name
		Maine Supreme Judicial Court Rules That An Insurer's Duty To Defend A Policyholder Is Determined Solely By Comparing The Allegations Of The Underlying Complaint To The Policy Provisions
		Arguments are of the wrong type, are out of acceptable range, or are in conflict with one another.
	www.hklaw.com /Publications/Newsletters.asp?ID=113&Article=563 (102 words)

	Insurance, September 14, 1999 from Holland & Knight LLP (Site not responding. Last check: 2007-10-10)
		First Circuit Court of Appeals Rules That, Under Maine Law, The Absolute Pollution Exclusion Is Ambiguous As Applied To Personal Injury Claims
		Maine Supreme Judicial Court Rules That Policyholder Entitled To Attorney Fees Incurred In Defense Of Insurer's Declaratory Judgment Coverage Action
		Massachusetts Appeals Court Rules That There Was No Coverage Under A Fire Policy Where A Building Had Been Vacant For Thirty Days, Even Though Such A Result Claimed Not To Be Within Reasonable Expectations Of The Insured
	www.hklaw.com /Publications/Newsletters.asp?ID=143&Article=683 (126 words)

	Canavan’s Case (Massachusetts Supreme Judicial Court)
		This petition for certiorari brought by S.D. Warren Company (“Warren”) seeks Supreme Court review of a decision by the Maine Supreme Judicial Court (“SJC”) with respect to five contiguous hydroelectric dam projects in the Presumpscot River in Maine operated by Warren.
		The SJC’s denial of Warren’s appeal from the Maine Department of Environmental Protection (“DEP”) decision that Warren must obtain State Water Quality Certification turns upon the meaning of the term “discharge” in Section 401(a) of the federal Clean Water Act (“CWA”), 33 U.S.C. §1341(a).
		The SJC held that, where as here river water is merely passing through dams, a discharge nevertheless occurs, even though it is undisputed that the flow of the river through the dams neither increases nor reduces the amount of water in the river and that no pollutants come into the water as a result.
	www.nelfonline.org /cases/Warren.htm (317 words)

	Canavan’s Case (Massachusetts Supreme Judicial Court)
		Plaintiff Bisbing was employed as an emergency physician with the Maine Medical Center (“MMC”) and left voluntarily in 2000.
		A jury found for Bisbing, and the presiding judge assessed treble damages and attorneys’ fees against MMC, in accordance with the Maine delayed wage statute.
		MMC appealed the award of treble damages and fees to the Maine Supreme Judicial Court, asserting that the statute contained an implicit good-faith defense against such relief.
	www.nelfonline.org /cases/Bisbing.htm (183 words)

	Maine Supreme Judicial Court Justices, Chronological List
		The number on the left indicates order of appointment to serve on the Court.
		Appointees designated with an asterisk () are currently sitting on the Supreme* Judicial Court.
		On chart of Law Clerk, Albert M. Spear was counted twice -- 39th and 48th.
	www.state.me.us /legis/lawlib/judge-c.htm (123 words)

	barkingmoose: The importance of doing laundry (23 December)
		barkingmoose: From the transcript included as part of the Maine Supreme Judicial Court decision in the matter of State v.
		This week, the Maine Supreme Judicial Court rejected Pelletier’s appeal and ordered him to serve the rest of his sentence.
		From the transcript included as part of the Maine Supreme Judicial Court decision in the matter of State v.
	www.barkingmoose.com /archives/00000041.html (202 words)

	FindLaw: State Resources: Maine: Laws
		U.S. Court of Appeals (1st Circuit) From FindLaw.
		Maine Supreme Judicial Court From the Nathan and Henry B. Cleaves Law Library.
		Maine Supreme Judicial Court Provides access to Maine Supreme Court Judicial Opinions since 1997; includes links to courts home page, courts directory.
	www.findlaw.com /11stategov/me/laws.html (362 words)

	Cleaves Law Library [Maine Supreme Judicial Court Decisions] (Site not responding. Last check: 2007-10-10)
		We link directly to the published decisions of the Maine Law Court (Maine Supreme Judicial Court).
		If the link is no longer active, please email us at info@cleaves.org and we can provide a copy of the decision via email to you.
		A subscription to hardcopy court documents is available from Goss Data Service, Inc., 207-829-0903.
	www.cleaves.org /slip.htm (156 words)

	HighBeam Research (Site not responding. Last check: 2007-10-10)
		Schofield seeks to appeal sentence ; Maine's Supreme Judicial Court will decide whether she can appeal the 20-year prison term.
		Sally Schofield, the former social worker who killed a 5-year- old girl foster child by suffocating her with duct tape, wants to appeal her new 17-year prison sentence.
		Schofield's attorney, Jed Davis, filed the application for appeal with the Maine Supreme Judicial Court on Thursday.
	highbeam.com /library/doc0.asp?docid=1P1:115463843&... (157 words)

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