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| Neily v. Me. Labor Rels. Bd., CIVIL ACTION DOCKET NO. AP-06-35,
SUPERIOR COURT OF MAINE, KENNEBEC COUNTY, October 23, 2006, Decided
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| Pineo v. State, Docket: Cum-05-363,
SUPREME JUDICIAL COURT OF MAINE, October 23, 2006, Decided
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Overview: An inmate was not entitled to post-conviction relief because he did not show that, under a standard of reasonably competent assistance, he received ineffective assistance of counsel when his trial attorney conceded his guilt on charges of aggravated OUI and driving to endanger in order to focus on defending him against aggravated assault charges.
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| Bunten v. Parsons Energy & Chems. Group, CIVIL ACTION DOCKET NO. CV-05-153,
SUPERIOR COURT OF MAINE, PENOBSCOT COUNTY, October 24, 2006, Filed and Entered
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| Smethurst v. Municipality of Stetson, CIVIL ACTION DOCKET NO. AP-2006-04,
SUPERIOR COURT OF MAINE, PENOBSCOT COUNTY, October 24, 2006, Decided , October 24, 2006, Filed and Entered
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| Spencer v. V.I.P., Inc., Docket No. Oxf-05-463,
SUPREME JUDICIAL COURT OF MAINE, October 25, 2006, Decided
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Overview: Superior court's order of summary judgment in favor of an employer was vacated, and the case was remanded to the superior court for further proceedings because genuine issues of material fact existed as to whether an employee, who was involved in an auto accident, was acting within the scope of his employment at the time of the accident.
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| WARD v. GLOVER, CIVIL ACTION DOCKET NO. CV-06-42,
SUPERIOR COURT OF MAINE, CUMBERLAND COUNTY, October 25, 2006, Decided
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| Welch v. State, Docket: Cum-06-92,
SUPREME JUDICIAL COURT OF MAINE, October 26, 2006, Decided
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Overview: As property owners' parcel was accessible by navigable water, and by ice in winter, they failed to establish second element required to find an easement by necessity, despite the fact that their parcel was otherwise surrounded by a state park. Summary judgment in favor of State was proper in property owners' claim for easement by necessity.
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| Fitzgerald v. Bilodeau, Docket: Ken-06-240,
SUPREME JUDICIAL COURT OF MAINE, October 27, 2006, Decided
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Overview: Absent extraordinary circumstances, the denial of a motion to dismiss for forum non conveniens under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), Me. Rev. Stat. Ann. tit. 19-A, §§ 1731-1783 (2005), was interlocutory, not a final judgment, and therefore not immediately appealable.
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| Passalaqua v. Passalaqua, Docket: And-06-106,
SUPREME JUDICIAL COURT OF MAINE, October 27, 2006, Decided
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Overview: As awarding visitation rights to a grandparent at a case management conference, even where the parents failed to appear, was not contemplated by the Grandparents Visitation Act, Me. Rev. Stat. Ann. tit. 19-A, §§ 1801-1805, and thwarted the protections against unlawful infringement of the parents' fundamental rights, the interim order was vacated.
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