Justia Maine Supreme Court Opinion Summaries

The Supreme Judicial Court affirmed the judgment of the district court finding that two of Mother's children were in jeopardy to their health or welfare while in Mother's care, holding that Mother did not present a prima facie case of attorney ineffectiveness and that the record supported the court's evidentiary rulings.After a contested jeopardy hearing, the district court found jeopardy to the children based on the risk of physical and emotional harm and exposure to multiple unsafe people with a history of violence. Mother appealed, arguing that her trial counsel's assistance was ineffective and that the court abused its discretion by admitting certain statements by the children. The Supreme Judicial Court affirmed, holding (1) the record demonstrated assertive and effective assistance of counsel; (2) the court did not abuse its discretion in admitting the children's statements; and (3) the court's finding that the children would be in circumstances of jeopardy in Mother's care was based on competent evidence in the record. View "In re Children of Brittany B." on Justia Law

The Supreme Judicial Court affirmed the summary judgment entered in the superior court in favor of Defendants on Plaintiff's complaint for defamation and "slander/libel per se," holding that the superior court did not err in concluding that the statements at issue were subject to a conditional privilege.Plaintiff sought compensatory and punitive damages in her complaint alleging defamation and slander or libel per se, alleging that Defendants terminated her contract as a registered nurse based on false allegations of patient abuse. The superior court granted a summary judgment in favor of Defendants as to both counts. The Supreme Judicial Court affirmed, holding (1) Plaintiff failed to present prima facie evidence that Defendants abused the conditional privilege that otherwise protected the statements at issue; and (2) therefore, Defendants were entitled to summary judgment in their favor as to Plaintiff's claims. View "Waugh v. Genesis Healthcare LLC" on Justia Law

The Supreme Judicial Court affirmed the judgment of the district court terminating Mother's parental rights to her child pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a), (B)(2)(a), and (B)(2)(b)(i)-(ii), holding that the court did not err in finding that Mother was an unfit parent.The district court concluded that Mother's parental rights should be terminated because Mother was unwilling or unable to protect the child from jeopardy and unwilling or unable to take responsibility for the child and those circumstances were unlikely to change within a time reasonably calculated to meet the child's needs and that termination of Mother's parental rights was in the best interests of the child. The Supreme Judicial Court affirmed, holding that there was no error of law or abuse of discretion in the court's termination of Mother's parental rights. View "In re Child of Vanessa G." on Justia Law

The Supreme Judicial Court affirmed the summary judgment entered in favor of Defendant by the superior court on Plaintiff's claims of a hostile work environment and gender discrimination prohibited by the Maine Human Rights Act and unlawful retaliation in violation of the Maine Whistleblower's Protection Act, holding that the superior court did not err by granting a summary judgment in favor of Defendant on all of Plaintiff's claims of discrimination in the workplace.Specifically, the Supreme Judicial Court held that the superior court did not err when it concluded that Plaintiff failed to present evidence that he had been subjected to a hostile work environment arising from sexual harassment, that he was terminated from his employment in retaliation for complaints he had made about other employees, and that he was the victim of gender-based discrimination. View "Johnson v. York Hospital" on Justia Law

The Supreme Judicial Court affirmed the judgment of the district court terminating Parents' parental rights to their three children, holding that the evidence was sufficient to support the court's findings of parental unfitness.The district court entered a judgment terminating Mother's and Father's parental rights to their three children. The Supreme Judicial Court affirmed the judgment, holding (1) the evidence was sufficient to support the court's findings that the parents were unable to protect the children from jeopardy or take responsibility for them in a time reasonably calculated to meet their needs; (2) the evidence was sufficient to support the court's findings that both parents failed to make a good faith effort to rehabilitate and reunify with the children; and (3) the court did not err in determining that termination of Father's parental rights was in the best interests of the children. View "In re Children of Troy P." on Justia Law

In this appeal arising from a set of commercial construction projects the Supreme Judicial Court affirmed the judgment in favor of Fortney & Weygant, Inc. (F&W) on the counterclaims filed by Lewiston DMEP IX, LLC, et al. (collectively, GBT) for liquidated damages, affirmed in part as to the prompt payment remedies allowed to F&W, and vacated the portion of the judgment awarding attorney fees and costs to F&W pursuant to the terms of the parties' contract.The trial court determined that, in addition to damages for breach of contract, F&W was entitled to remedies, including attorney fees pursuant to Maine's prompt payment statutes, that F&W was entitled to attorney fees pursuant to the terms of the parties' contract, and that GBT was estopped from seeking to enforce a contractual right to liquidated damages against F&W. The Supreme Judicial Court held that the trial court (1) did not erroneously conclude that GBT was equitably estopped from recovering liquidated damages against F&W; (2) properly awarded F&W prompt payment remedies except to the extent that the remedy failed to account for the value of GBT's liquidated damages claims that GBT withheld in good faith; and (3) erred when it concluded that the contract contemplated an award of attorney fees outside the context of arbitration. View "Fortney & Weygandt, Inc. v. Lewiston DMEP IX, LLC" on Justia Law

The Supreme Judicial Court affirmed the judgment entered by the district court terminating Parents' parental rights to their children, holding that there was sufficient evidence supporting an order terminating each parent's parental rights and that the Department of Health and Human Services provided appropriate and necessary reunification services.The district court terminated Mother's parental rights to her three children and terminated Father's parental rights to the child the parents had in common. Both parents appealed. The Supreme Judicial Court affirmed, holding (1) there was sufficient evidence to support the court's judgment terminating Parents' parental rights; and (2) the Department made good faith efforts to cooperate with Father in pursuit of the rehabilitation and reunification plan for him. View "In re Children of Danielle M." on Justia Law

The Supreme Judicial Court affirmed the judgment of the district court terminating Mother's parental rights to her child pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a), (B)(2)(a), (b)(i)-(ii), holding that the court did not err in finding by clear and convincing evidence that Mother was unfit and that termination was in the child's best interest.Specifically, the Court found by clear and convincing evidence that even though Mother may be willing she was unable to protect the child from jeopardy and that these circumstances were unlikely to change within a time reasonably calculated to meet the child's needs. Further, the court found that Mother was unable to take responsibility for the child within a time reasonably calculated to meet the child's needs and that its was in the best interest of the child that Mother's parental rights be terminated. The Supreme Judicial Court affirmed, holding that there was no clear error or abuse of discretion in the court's findings or analysis. View "In re Child of Charlene F." on Justia Law

The Supreme Judicial Court vacated the judgment of the superior court affirming the second decision of the Scarborough Board of Assessment Review granting Taxpayers 14.74 percent abatements to their land values, holding that the Board's original abatements reviewed by the superior court after this Court's remand satisfied constitutional requirements.In previous opinions, the Supreme Judicial Court concluded that the Board had erred in denying Taxpayers' abatement requests to their land values. On remand, the Board granted Taxpayers eight percent abatements to their land values. The superior court vacated the Board's decision, concluding that the Board's abatement formulate was unreasonable. On remand, the Board determined that Taxpayers were entitled to 14.74 percent abatements. The superior court affirmed. The Supreme Judicial Court vacated the superior court's judgment affirming the Board's second decision granting 14.74 percent abatements and remanded with directions to affirm the Board's first decision, holding that the Board's original decision was not outside the reasonable range of discretion allowed the Board under this Court's precedents. View "Bolton v. Town of Scarborough" on Justia Law

The Supreme Judicial Court affirmed Defendant's conviction of robbery and unlawful possession of scheduled drugs, holding that the trial court did not err by overruling Defendant's objection to an aspect of the State’s closing argument, and Defendant was not denied a fair trial because the court failed to address sua sponte the State’s alleged misstatement of evidence in its rebuttal argument.Specifically, the Supreme Judicial Court held (1) the State did not commit prosecutorial misconduct during its closing argument by overruling Defendant's objection to an argument that Defendant argued improperly suggested that Defendant had the burden of proof; and (2) any mischaracterization of the evidence by the State was not of such magnitude to have required the court to intervene sua sponte. View "State v. Sousa" on Justia Law