MAINE TORT CLAIMS ACT Discretionary Immunity SOVEREIGN IMMUNITY Discretionary Immunity Jorgensen v. Department of Transportation, 2009 ME 42, April 28, 2009, Clifford, J. In this very important case, the Law Court comes closer than it ever has to adopting the proprietary-governmental distinction as the basis for distinguishing between discretionary and ministerial actions under the Maine [...]

CRIMINAL LAW Self-Defense State v. Thurston, 2009 ME 41, April 23, 2009, Gorman, J. A five-justice majority of the Court vacated a conviction of assault on the ground that the Superior Court erred in declining to give a self-defense instruction.  The case involved a couple with an on-again/off-again romantic relationship but who had been living [...]

STATUTORY INTERPRETATION Power of Public Utility Commission to Regulate Governmental Entities Department of Corrections v. Public Utilities Commission, 2009 ME 40, 968 A.2d 1047, Gorman, J. The Law Court vacated the PUC’s decision that it had power to regulate the telephone system operated by the Department of Corrections for the use of inmates.  The Law [...]

CRIMINAL LAW Restitution Causation State v. McDonough, 2009 ME 39, 968 A.2d 549, Gorman, J. The defendant was charged with operating after suspension when he collided with a taxicab.  Along with the criminal penalties, the Superior Court ordered the defendant to pay restitution based on the cab driver’s testimony about his damages.  The Law Court [...]

CRIMINAL LAW Reputation Testimony EVIDENCE Reputation for Untruthfulness State v. Tucker, 2009 ME 38, 968 A.2d 543, Alexander, J. The Law Court affirmed a conviction over the argument that the trial court had erred in excluding the testimony of a witness as to the victim’s reputation for lack of truthfulness in the community.  The Law [...]

CONTRACTS Settlement Agreements JUDGMENTS Reading Settlement Agreement into the Record Muther v. Broad Cove Shore Association, 2009 ME 37, 968 A.2d 539, Saufley, C.J. This case involved the scope of an easement and was brought against a homeowners association and two individual landowners.  At a judicial settlement conference, the parties ostensibly settled the case.  They [...]

REAL ESTATE Right of First Refusal EQUITY Laches Van Dam v. Spickler, 2009 ME 36, 968 A.2d 1040, Levy, J. In this case involving Robert Spickler, the Law Court affirmed the Superior Court’s conclusion that the Spicklers’ claim for specific performance of a right of first refusal was barred by the doctrine of laches.  The [...]

WORKERS’ COMPENSATION Mistake of Fact as to Gradual Injury Jensen v. S.D. Warren Co., 2009 ME 35, 968 A.2d 528, Gorman, J. The Law Court vacated an award of partial incapacity benefits for a closed-end period and ongoing total incapacity benefits for a 2004 gradual injury on the ground that the hearing officer improperly applied [...]

JUDGMENTS Finality HUSBAND AND WIFE Effective of Death on Pending Divorce Action Estate of Jessica Banks v. John Banks, 2009 ME 34, 968 A.2d 525, Gorman, J. The wife in a divorce action died after the judgment was signed by the Court, but before it was entered on the docket.  The District Court had dismissed [...]

CRIMINAL LAW Lobsters STATUTORY INTERPRETATION Effect of Policy Manuals State v. Weeks, 2009 ME 33, 967 A.2d 716, Levy, J. The defendant was charged with possessing female lobsters that were either marked with a v-notch or mutilated in a manner that could hide or obliterate the mark.  The purpose of the statutes prohibiting possession of [...]