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| Hayden v. Orfe, Docket: Yor-05-325,
SUPREME JUDICIAL COURT OF MAINE, May 12, 2006, Decided
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Overview: Because a stipulated judgment was not a final judgment, the denial of a party's motion in opposition to the stipulated judgment could not be appealed, and the appeal was frivolous allowing the imposition of sanctions because the appealing party had no reasonable expectation of prevailing on appeal.
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| Owen v. Healy, Docket: Cum-05-548,
SUPREME JUDICIAL COURT OF MAINE, May 12, 2006, Decided
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Overview: Defendant's failure to personally appear did not give a court grounds to enter a default judgment in an action over an automobile collision where defendant was represented by counsel at trial and plaintiff did not subpoena defendant, but if a trial had been had, the jury could have been instructed that it could consider defendant's absence.
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| Champagne v. Victory Homes, Inc., Docket: Cum-05-598,
SUPREME JUDICIAL COURT OF MAINE, May 16, 2006, Decided
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Overview: Since an inserted contractual provision referred to the American Arbitration Association's Construction Industry Arbitration Rules indicated that the parties intended for the arbitration to be binding and the parties' struck a mediation clause in favor of the arbitration clause, binding arbitration was indicated.
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| SMITH v. CAMPBELL, CIVIL ACTION Docket No. CV-06-47,
SUPERIOR COURT OF MAINE, CUMBERLAND COUNTY, May 16, 2006, Decided
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| SPYDELL v. PUSHARD, CIVIL ACTION DOCKET NO. RE-05-127,
SUPERIOR COURT OF MAINE, CUMBERLAND COUNTY, May 17, 2006, Decided
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| Provencher v. Faucher, Docket: And-05-484,
SUPREME JUDICIAL COURT OF MAINE, May 19, 2006, Decided
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Overview: In a personal injury action, a total damage award in the exact amount of plaintiff's stipulated medical expenses was not inconsistent with a finding that she was injured and suffered pain. The jury could have found that some of the expenses were caused by her prior condition, deducted them, and replaced that amount with a pain and suffering award.
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| MAINE STREAM SEAFOOD, INC. v. PORTLAND FISH EXCH., CIVIL ACTION Docket No. AP-04-016,
SUPERIOR COURT OF MAINE, CUMBERLAND COUNTY, May 22, 2006, Decided
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