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   State Courts - Maine - April 5 - April 13, 2006

  
Lawrence v. Webber, Docket: Cum-05-187, SUPREME JUDICIAL COURT OF MAINE, April 5, 2006, Decided
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Overview: A father's child support obligation for a daughter who lived with the mother and two sons whose residency was shared should have been calculated under Me. Rev. Stat. Ann. tit. 19-A, § 2006 based on the total number of children needing support, not the number living in each household, because he was not any child's primary residential care provider.

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State v. Johnson, Docket: Kno-05-189, SUPREME JUDICIAL COURT OF MAINE, April 5, 2006, Decided
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Overview: The designation of defendant as a sex offender rather than a sexually violent predator under the former Sex Offender Registration and Notification Act of 1999, Me. Rev. Stat. Ann. tit. 34-A, §§ 11201-11252, made his sentence illegal. Me. R. Crim. P. 35(a) was available and should have been used instead of Me. R. Crim. P. 1(c) to correct the error.

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MAINE-LY MARINE SALES & SERV., INC. v. WORREY, CIVIL ACTION Docket No. CV-04-369, SUPERIOR COURT OF MAINE, CUMBERLAND COUNTY, April 10, 2006, Decided
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STETSON HOUSE LLC & OLD SHIPYARD LLC v. INHABITANTS OF NEWCASTLE & NEWCASTLE SHORES, INC., CIVIL ACTION DOCKET NO. AP-04-011, SUPERIOR COURT OF MAINE, LINCOLN COUNTY, April 10, 2006, Filed
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Whitney v. Wal-Mart Stores, Inc., Docket: Fed-05-172, SUPREME JUDICIAL COURT OF MAINE, April 11, 2006, Decided
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Overview: Maine Human Rights Act, Me. Rev. Stat. Ann. tit. 5, §§ 4551-4634, definition of "physical or mental disability" found at Me. Rev. Stat. Ann. tit. 5, § 4553(7-A) did not require a showing of a substantial limitation on a major life activity; state supreme court had rejected the "substantially limits" qualification to the definition of disability.

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BIEGEL v. TOWN OF STANDISH, CIVIL ACTION DOCKET NO. AP-05-040, SUPERIOR COURT OF MAINE, CUMBERLAND COUNTY, April 13, 2006, Decided
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Estate of McPhee, Docket: Pen-05-299, SUPREME JUDICIAL COURT OF MAINE, April 13, 2006, Decided
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Overview: An unambiguous buy-out agreement supported by consideration and mutuality of obligation required a decedent to pay one-half of his survivor benefits from the Maine State Retirement System to his former wife. His widow and personal representative was therefore obligated as a matter of law to pay the amount of the benefits to the former wife.

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HOUSING v. CITY OF WESTBROOK, CIVIL ACTION DOCKET NO. AP-05-046, SUPERIOR COURT OF MAINE, CUMBERLAND COUNTY, April 13, 2006, Decided
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ORNE BROS. v. CITY OF PORTLAND, CIVIL ACTION DOCKET NO. AP-05-058, SUPERIOR COURT OF MAINE, CUMBERLAND COUNTY, April 13, 2006, Decided
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THOMPSON v. THOMPSON'S HARDWARE, INC., Docket No. CV-04-244, SUPERIOR COURT OF MAINE, PENOBSCOT COUNTY, April 13, 2006, Decided , April 13, 2006, Filed
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