Davis v. Dionne, 2011 ME 90, 26 A.3d 801, Silver, J. This is a personal injury case in which the plaintiff was injured by a drunken driver.  Both plaintiff and the intoxicated person had just gotten off a bus which had transported them on a business-related fishing trip during which the intoxicated party had become [...]

North East Insurance Co. v. Young, 2011 ME 89, 26 A.3d 794, Saufley, C.J. A small point in this case involving standing and the duty to defend was that the insured asserted new material facts in its reply statement of material fact.  The Court held that this was “unauthorized” and did not consider those facts [...]

Davis v. R C & Sons Paving, Inc., 2011 ME 88, 26 A.3d 787, Gorman, J Here is yet another case in which the Law Court continues to limit the duties of landowners in regard to the scope of the duty to maintain a safe premise during bad weather.  Here, the plaintiff was an employee [...]

Deutsche Bank National Trust Company v. Pelletier, 2011 ME 87, August 9, 2011, Saufley, C.J. This is a foreclosure action in which the mortgagors filed a motion to dismiss that was treated as a motion for summary judgment seeking rescission under the federal Truth-in-Lending statute.  The mortgagors’ motion was granted because the bank did not [...]

Blackhouse v. Doe, 2011 ME 86, 24 A.3d 72, Gorman, J. The plaintiff filed a protection from abuse complaint against an 86-year-old woman who was a fellow tenant in his apartment house.  He asked for substantial relief, including money and the right to evict the defendant.  He also requested reasonable accommodation from the court on [...]

State v. LaPlante, 2011 ME 85, 26 A.3d 337, Levi, J. The defendant was stopped by a State Trooper and asked for information regarding where a speeding car had headed.  During the stop, the Trooper noticed that the operator of the vehicle seemed to be intoxicated and arrested him.  The driver entered a conditional guilty [...]

State v. Chesnel, 2011 ME 84, 25 A.3d 946, Levy, J. The petitioner, a convicted criminal, filed a motion to modify the conditions of his court fines, arguing that the court erred in determining that the Department of Corrections was authorized to collect 25% of all funds deposited into his prison account for payment of [...]

State v. Milne, 2011 ME 83, 25 A.3d 943, Alexander, J. The defendant was involved in a high-speed chase with a police officer when he passed another officer who had parked his vehicle in the other travel lane with its blue lights and siren activated.  The Law Court concluded that there was insufficient evidence to [...]

Kondaur Capital Corporation v. Hankins, 2011 ME 82, 25 A.3d 960, Levy, J. In yet another foreclosure case involving summary judgment, an attenuated assignee was eventually held to have standing to prosecute the foreclosure but then ran afoul of proof problems on summary judgment that ultimately led the Law Court to vacate the judgment in [...]

State v. Nigro, 2011 ME 81, 24 A.3d 1283, Jabar, J. The defendant in this case, whose name suggests that he is Islamic and who is apparently also non-white, argued that he was prejudiced because the trial court did not ask whether the jurors were prejudiced or biased against members of the Islamic faith.  The [...]