Justia Maine Supreme Court Opinion Summaries

Appellant was terminated from his employment as a registered nurse at a community hospital after a patient under Appellant’s care departed from the hospital, unescorted, into blizzard-like conditions and died less than 500 feet from the hospital’s entrance. After a two-day disciplinary hearing, the State Board of Nursing found Appellant violated several statutes and Board rules and revoked Appellant’s professional nursing license for two years. Appellant subsequently filed a petition for de novo judicial review in the district court. The district court concluded that it would not rehear the evidence presented to the Board and, after finding “competent evidence” on the record to support the Board’s findings, affirmed the Board’s decision to revoke Appellant’s license. The Supreme Court vacated the district court’s judgment, holding that the court erred in its interpretation and application of “de novo judicial review.” Remanded. View "Zablotny v. State Bd. of Nursing" on Justia Law

Clifford Lippitt was a certified geologist employed at S.W. Cole, Inc. Worcester Associates retained S.W. Cole to provide the necessary technical assistance in order to complete the closure of a landfill Worcester owned. After S.W. Cole drilled bedrock wells and collected data from them, Lippitt submitted a report presenting the results of the tests and concluding that there was no evidence the landfill was impacting neighboring residential wells. The Board of Certification for Geologists and Soil Scientists determined that Lippitt had violated the Code of Ethics applicable to geologists and soil scientists because he had provided a professional opinion “without being as thoroughly informed as might be reasonably expected.” The Supreme Court vacated the superior court’s judgment affirming the Board’s decision, holding (1) the Board’s disagreement with a geologist’s opinion, without a concurrent determination that the opinion is false, is based on false data, or reflects the geologist’s incompetence, cannot be the basis for a determination that the opinion constitutes a violation of the geologists’ Code of Ethics; and (2) the Board erred in determining that Lippitt violated the Code of Ethics on the grounds that Lippitt’s opinion was not “reasonable” in light of the underlying data.View "Lippitt v. Bd. of Certification for Geologists & Soil Scientists" on Justia Law

After Daniel Nickerson suffered a fatal heart attack, Nickerson’s wife, Cecelia, as personal representative of Nickerson’s estate, filed professional negligence and wrongful death claims against Daniel’s doctor, Dr. Alan Carter, and vicarious liability claims against Mercy Primary Care, Dr. Carter’s employer. A jury found that Dr. Carter was negligent but not the legal cause of Daniel’s death. The Supreme Court vacated the trial court’s judgment, holding that the court erred in admitting the findings of a medical malpractice screening panel, as the panel chair’s consideration of evidence outside the record violated the Maine Health Security Act and Maine’s procedural rules. Remanded.View "Estate of Nickerson v. Carter" on Justia Law

Paul Dyer held licenses as an insurance producer and consultant. Because of Dyer's alleged misconduct, the Bureau of Insurance filed a petition for enforcement against Dyer alleging that Dyer violated the Maine Insurance Code and seeking the revocation of his licenses and requesting civil penalties and restitution. After a hearing, the Superintendent of Insurance concluded that Dyer violated the identified provisions of the Insurance Code, revoked Dyer's licenses, and ordered him to pay civil penalties and restitution. Dyer appealed the judgment entered in the business and consumer docket affirming the Superintendent's decision. The Supreme Court affirmed, holding that the Superintendent did not err in interpreting the Insurance Code or in making factual findings and did not abuse his discretion by imposing penalties permitted in the statute. View "Dyer v. Superintendent of Ins." on Justia Law

The Board of Licensure in Medicine revoked Petitioner's medical license. The superior court dismissed Petitioner's complaint seeking judicial review, concluding (1) it lacked subject matter jurisdiction to review the Board's decision because the district court had exclusive jurisdiction to review nonconsensual license-revocation orders pursuant to Me. Rev. Stat. 10, 8003(5); and (2) Petitioner's 42 U.S.C.S. 1983 claim should be dismissed because the Board members had authority to revoke her license and were immune from suit. The Supreme Court affirmed, holding (1) the superior court properly dismissed Petitioner's petition for review of the Board order revoking her license because the district court had exclusive jurisdiction in such matters; and (2) because the Board acted within its authority in revoking Petitioner's license and, on appeal, Petitioner did not otherwise assert a denial of her constitutional rights, Petitioner's section 1983 claim was properly dismissed. View "Michalowski v. Bd. of Licensure in Med." on Justia Law

Christine Angell filed a complaint against Renald Hallee and the Roman Catholic Bishop of Portland, alleging that Hallee sexually abused her during her childhood while he was a priest. Hallee and the Bishop asserted the statute of limitations as an affirmative defense and moved for judgment on the pleadings. The superior court granted the motions and entered judgment in Hallee's and the Bishop's favor. The Bishop was later dismissed, and Angell appealed. The Supreme Court vacated the judgment of the superior court, holding that the court erred in imposing on Angell a burden to allege and prove that the statute of limitations was tolled while Hallee was absent from and resided out of state but was potentially amenable to service of process by means other than publication. View "Angell v. Hallee" on Justia Law