Justia Maine Supreme Court Opinion Summaries
Articles Posted in Civil Procedure
Tucker v. Lilley
All parties in this case were practicing Maine attorneys or law firms that asserted various theories of entitlement to all or part of a $1.24 million attorney fee generated in a civil judgment in another matter. In both matters, the superior court denied the motion of Daniel G. Lilley and Daniel G. Lilley Law Offices, P.A. to consolidate the matters for trial and proceeded to dispose of the cases through summary judgment on some claims and dismissal or severance of others. The Supreme Court vacated the judgments except for a single claim, holding that, with one exception, the superior court erred in denying the motion to consolidate the claims. Remanded. View "Tucker v. Lilley" on Justia Law
Posted in:
Civil Procedure
Warren Constr. Group, LLC v. Reis
Plaintiff, a construction company, filed a five-count complaint in superior court against Defendants, alleging breach of contract, quantum meruit, unjust enrichment, and violation of the Prompt Payment Act. In the fifth count of the complaint, Plaintiff sought enforcement of a mechanic’s lien it recorded against Defendants’ property. Plaintiff then moved for summary judgment on its claims for breach of contract, violation of the Prompt Payment Act, and enforcement of the mechanic’s lien. The superior court granted summary judgment for Plaintiff on those three counts but made no mention of Plaintiff’s quantum meruit or unjust enrichment claims. Defendants appealed. The Supreme Court dismissed the appeal as interlocutory, as there was no final judgment on any of Plaintiff’s causes of action where two of Plaintiff’s claims were still pending. View "Warren Constr. Group, LLC v. Reis" on Justia Law
Petit v. Lumb
Plaintiff filed a lawsuit against Defendant, alleging breach of fiduciary duty, fraud, conversion, and related claims. Defendant filed a motion to dismiss pursuant to Me. R. Civ. P. 12(b)(6). Plaintiff filed an opposition to the motion to dismiss, but the copy she filed had a photocopied rather than an original signature. By rule, Plaintiff was deemed to have waived all objections to the motion, and Defendant’s motion to dismiss Plaintiff’s complaint was granted. The Supreme Court affirmed, holding that the trial court did not abuse its discretion in dismissing the complaint because Plaintiff’s tendered objection did not have legal effect, and therefore, the trial court was authorized to grant Defendant’s motion to dismiss without reaching the merits of the motion. View "Petit v. Lumb" on Justia Law
Posted in:
Civil Procedure
U.S. Bank N.A. v. Manning
U.S. Bank National Association (the Bank) filed an amended complaint for residential foreclosure against Thomas Manning. The case progressed through its pretrial stages. Eventually, the superior court dismissed the Bank’s foreclosure complaint with prejudice as a sanction for the Bank’s failure to comply with the court’s discovery order. The Bank appealed, arguing that the court abused its discretion in dismissing the complaint under the circumstances and that the court erred at several points as the case proceeded through its procedural steps. The Supreme Court agreed with the Bank and vacated the judgment of the superior court, holding that the order dismissing the Bank’s complaint with prejudice was an abuse of the court’s discretion. View "U.S. Bank N.A. v. Manning" on Justia Law