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| Brown v. Brown, Docket: Pen-06-380,
SUPREME JUDICIAL COURT OF MAINE, July 17, 2007, Decided
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Overview: As former husband's testimony of offer to buy marital home was too vague to support court's finding that it could be sold within 90 days for $ 65,000, its orders as to property distribution, assignment of debt, child and spousal support, denial of former wife's motion to proceed in forma pauperis, and her request for attorney fees were reversed.
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| State v. Philip Morris, Inc., Docket: Ken-06-665,
SUPREME JUDICIAL COURT OF MAINE, July 17, 2007, Decided
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Overview: Appeal of a trial court's order that the parties to a declaratory judgment action submit to arbitration was dismissed because Me. Rev. Stat. Ann. tit. 14, § 5945(1) provided two exclusive avenues for determining the substantive arbitrability of a dispute: (1) a motion to compel or stay arbitration and (2) a motion to vacate an arbitral award.
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| State v. Just, Docket: Han-06-613,
SUPREME JUDICIAL COURT OF MAINE, July 19, 2007, Decided
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Overview: Officer's testimony that defendant's performance of a horizontal gaze nystagmus (HGN) test indicated "impairment" was proper in a prosecution for operating under the influence, Me. Rev. Stat. Ann. tit. 29-A, § 2411(1-A)(A), because the officer did not testify that the HGN test led him to believe that she had a particular blood-alcohol level.
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| Arnold v. Town of Pownal, CIVIL ACTION DOCKET NO. AP-06-55,
SUPERIOR COURT OF MAINE, CUMBERLAND COUNTY, July 20, 2007, Decided
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| Griswold v. Town of Denmark, Docket: Oxf-06-534,
SUPREME JUDICIAL COURT OF MAINE, July 24, 2007, Decided
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Overview: Judgment affirming approval of application to extract and transport water was proper because competent evidence supported board's findings of substantial hardship and natural water unavailability as required by former Me. Rev. Stat. Ann. tit. 22, § 2660-A and otherwise. Bottler established hardship based its inability to compete in open market.
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| Higgins v. H.P. Hood, Inc., Docket: WCB-06-167,
SUPREME JUDICIAL COURT OF MAINE, July 24, 2007, Decided
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Overview: Determination of an employee's impairment rating in a workers' compensation claim was proper because, although the IME report had errors, they were mostly clerical, minor, had no substantive impact. The report was competent evidence supporting the decision, and, pursuant to Me. Rev. Stat. Ann. tit. 39-A, § 318, that decision was final.
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| Madore v. Kennebec Heights Country Club, Docket: Ken-06-552,
SUPREME JUDICIAL COURT OF MAINE, July 24, 2007, Decided
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Overview: Judgment for golf professional on employment contract claim was proper because contract was ambiguous, and based on extrinsic evidence, jury could have interpreted contract as comporting with golf professional's expectations. Finding that golf professional was not entitled to remedies provided under Me. Rev. Stat. Ann. tit. 26, § 626 was error.
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