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| FPL Energy Maine Hydro LLC v. Dep't of Envtl. Prot., Docket: Ken-06-365,
SUPREME JUDICIAL COURT OF MAINE, July 26, 2007, Decided
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Overview: The denial of water quality certification to a hydro water company under Me. Rev. Stat. Ann. tit. 38, § 465(4)(C) for not meeting the required water standard under a new impoundment-to-impoundment standard was upheld on appeal since the agency denying the same was vested with the expertise to interpret the laws it was vested to apply.
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| Foremost Ins. Co. v. Levesque, Docket: Cum-06-396,
SUPREME JUDICIAL COURT OF MAINE, July 26, 2007, Decided
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Overview: Because an insured incurred attorney fees when he successfully defended against the insurer's declaratory judgment action on the duty to indemnify, the trial court properly awarded the insured attorney fees.
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| Potter v. Potter, Docket: Aro-06-433,
SUPREME JUDICIAL COURT OF MAINE, July 26, 2007, Decided
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Overview: Trial court erred in ordering that a spousal support award under Me. Rev. Stat. Ann. tit. 19-A, § 951-A was non-modifiable because the parties did not have substantial assets, earned income was, and would continue to have been, what they relied on for support, and there was no finding of an unusual need for economic certainty in the future.
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| Lund v. Lund, Docket: Cum-06-462,
SUPREME JUDICIAL COURT OF MAINE, July 31, 2007, Decided
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Overview: Although, pursuant to Me. R. App. P. 3, trial court erred in reconsidering prior order while that order was on appeal, and finding that father owed no child support arrearages, error was harmless because original child support order provided for adjustments upon certain events, including termination when children graduated from high school.
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| Monaghan v. Jordan's Meats, Docket: WCB-06-97,
SUPREME JUDICIAL COURT OF MAINE, July 31, 2007, Decided
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Overview: Finding that work search was inadequate for Me. Rev. Stat. Ann. tit. 39-A, § 213 purposes was vacated because hearing officer made no findings as to employer's labor market evidence and did not expressly consider, inter alia, if employee's personal characteristics bore on her lack of success or if she properly presented her restrictions.
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| Small v. Durango Partners, LLC, Docket: Cum-06-482,
SUPREME JUDICIAL COURT OF MAINE, July 31, 2007, Decided
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Overview: Summary judgment for landlord and agent in tenants' claim seeking damages for alleged negligence in building maintenance was proper because, although lease had expired, all relevant lease terms remained applicable during tenants' holdover, and lease expressly provided, inter alia, that tenants bore the risk of loss for their personal property.
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