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   State Courts - Maine - May 23 - June 4, 2007

  
Cohen v. Zaic, CIVIL ACTION DOCKET NO. CV-06-236, SUPERIOR COURT OF MAINE, YORK COUNTY, May 23, 2007, Decided
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State v. McNally, Docket: Aro-06-154, SUPREME JUDICIAL COURT OF MAINE, May 24, 2007, Decided
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Overview: Because the verdict form created a serious potential for juror misunderstanding regarding the reasonable doubt standard and defendant's right to be presumed innocent, the error was treated as obvious under Me. R. Crim. P. 52(b) and his conviction for unlawful sexual contact was vacated.

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Abbott v. Inhabitants of Sanford, CIVIL ACTION DOCKET NO. AP-07-03, SUPERIOR COURT OF MAINE, YORK COUNTY, May 29, 2007, Decided
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Decambra v. Carson, CIVIL ACTION DOCKET NO. CV-05-246, SUPERIOR COURT OF MAINE, YORK COUNTY, May 29, 2007, Decided
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Rodriguez v. Town of Moose River, Docket: Som-06-554, SUPREME JUDICIAL COURT OF MAINE, May 29, 2007, Decided
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Overview: A town clerk was not immune for an alleged injury incurred when she did official business from her home, because her choice not to replace a handrail (1) was no policy decision, and (2) was not intentional. A town was not immune because the home fell under the public building exception to immunity in Me. Rev. Stat. Ann. tit. 14, § 8104-A(2) (2006).

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Tri-Town Marine, Inc. v. J.C. Milliken Agency, Inc., Docket: Was-06-316, SUPREME JUDICIAL COURT OF MAINE, May 29, 2007, Decided
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Overview: Summary judgment for insurance agency was proper in insured's claim asserting failure to procure adequate insurance coverage because insured failed to allege sufficient facts to establish causation and failed to show that it would have acted in a substantially different way in light of the increased risk absent type of coverage it sought.

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Me. Ass'n of Health Plans v. Superintendent of Ins., Docket: Cum-06-519, SUPREME JUDICIAL COURT OF MAINE, May 31, 2007, Decided
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Overview: Absent definition of phrase "aggregate measurable cost savings" in Me. Rev. Stat. Ann. tit. 24-A, § 6913(a)(1) and legislative intent as to how it should be interpreted, court deferred to agency's reading of ambiguous statute to include savings realized through broader act that created health insurance program because interpretation was reasonable.

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Me. Educ. Ass'n v. Me. Cmty. College Sys. Bd. of Trs., Docket: Ken-05-552, SUPREME JUDICIAL COURT OF MAINE, May 31, 2007, Decided
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Overview: Judicial estoppel barred association's motion for relief from judgment confirming arbitration award and to remand to arbitrator because initially, association asserted that it did not want award remanded, neither party timely sought to vacate, amend, or clarify award, and association's current position was inconsistent with its earlier position.

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Mortgage Elec. Registration Sys. v. Flynn, CIVIL ACTION DOCKET NO: RE07-009, SUPERIOR COURT OF MAINE, CUMBERLAND COUNTY, June 1, 2007, Decided
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Genujolok Beteiligungs Gmbh v. Zorn, Civil Action Docket No. CV-06-183, SUPERIOR COURT OF MAINE, CUMBERLAND COUNTY, June 4, 2007, Decided
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