Cases

EDWARDS, J. Gus Maestrales seeks review of the amended temporary injunction that requires him to return a dog to his stepfather. We affirm, find this appeal to be frivolous, and grant Appellee’s motion for sanctions. In the underlying case, Appellee, James Leo Flaherty, sued Appellant for money damages and also sought injunctive relief. Among other claims, Appellee accused Appellant of taking a car and

17 A.3d 640 (2011) 2011 ME 32 Robert FLAHERTY et al. v. Helen MUTHER et al. Docket: Cum-09-631. Supreme Judicial Court of Maine. Argued: November 10, 2010. Decided: March 22, 2011. *645 James A. Billings, Esq. (orally), Walter F. McKee, Esq., Lipman, Katz & McKee, PA, Augusta, ME, for

ALEXANDER, J. [¶ 1] Helen Muther, Paul Woods, and the Buffett Coastal Trust appeal from a judgment of the Superior Court (Cumberland County, Warren, J.) concluding that they unreasonably interfered with the easement rights of Robert Flaherty and other members of their subdivision (the J-Lot owners) by installing video surveillance cameras on an easement cro

CONCURRING OPINION BY Judge LEAVITT. I join the decision of the panel. I write separately to address attorney fees under the Prompt Pay Act. Section 3935 of the Prompt Pay Act authorizes the imposition of penalties and attorney fees where a government agency has “acted in bad faith” by withholding payments owed to a contractor. Section 3935 states: (b) Attor

MEMORANDUM OF DECISION AND ORDER SPATT, District Judge. Presently before the Court is a motion by the pro se plaintiff James E. Flaherty (Flah-erty” or the “plaintiff”) pursuant to Federal Rule of Civil Procedure (“Fed. R. Civ.P.”) 60(b) for relief from the Court’s order dated November 14, 2003 dismissing the plaintiffs complaint for failure to prosecute. I. BACKGROUND

446 F.Supp.2d 153 (2006) Michael J. FLAHERTY, Jr., Eugene P. Adams, Joseph A. Agro, Mark D. Arcara, Randy G. Attea, James F. Bargnesi, Christopher J. Belling, Diana M. Boccio, Timothy P. Bridge, Catherine A. Carey, Kenneth F. Case, Melissa M. Chiasera, Peter J. Cosgrove, Peter J. Crotty, Don Dally, John DeFranks, Jorge S. DeRosas, John C. Doscher, G. Michael Drmacich, Daniel DuBois, Susan Etu Eagan, Robert C. Figliola, Thomas M. Fininerty, John J. Flynn,

FARLEY, Judge: The pro se appellant, Harold Daye, appeals from an August 26, 2005, decision of the Board of Veterans’ Appeals (Board or BVA) that denied entitlement to service connection for post-traumatic stress disorder (PTSD). This appeal is timely and the Court has jurisdiction pursuant to 38 U.S.C. §§ 7252(a) and 7266(a). For the reasons set forth below, the Court will vaca

Chief Justice Suttell, for the Court. The defendant, James Dalton, appeals from a Superior Court judgment of conviction on one count of second-degree sexual assault, for which the trial justice sentenced the defendant to ten years, with the entirety of the sentence suspended, with probation. On appeal, the defendant asserts that the trial justice erred when he allowed testimony by the r

OPINION Chief Justice Suttell, for the Court. The defendant, James Adams, appeals from a judgment of conviction of one count of first-degree robbery, two counts of felony assault, one count of second-degree murder, and one count of committing a crime of violence while possessing a firearm. These charges stemmed from allegations t

169 B.R. 267 (1994) In re David FLAHERTY, Debtor. United States Bankruptcy Court, D. New Hampshire. June 20, 1994. *268 *269 John V. Cardone, U.S. Dept. of Justice, Washington, DC. Geraldine Karonis, U.S. Trustee, Manchester, NH. Dennis Whelan, Hanover, NH, for debtor. Jeffrey Schreiber, Chapter 7

OPINION Justice ROBINSON, for the Court. Rosario Turdo, the plaintiff, appeals from a March 10, 2014 judgment following a- jury-waived .trial in the Washington County Superior Court. The trial justice entered judgment in favor of -James Main, the defendant, on the plaintiffs breach of contract claim and also entered judgment in favor of the defendant on his

OPINION Justice GOLDBERG, for the Court. The defendant, James Oliveira (defendant or Oliveira), appeals from a Superior Court judgment of conviction on one count of first-degree child molestation. Oliveira raises two issues on appeal. First, he claims that the forty-five-month delay between the return of the record to the Superior Court

MEMORANDUM AND ORDER ANGELL, United States Magistrate Judge. J. Factual and Procedural Background: Presently before the court is Plaintiffs Motion for Sanctions pursuant to Federal Rules of Civil Procedure 37(a). In November of 1996, plaintiff, James Flaherty, after almost 30 years of employment, was terminated from his position as paint store manager at the Grays A

OPINION Justice GOLDBERG, for the Court. This case came before the Supreme Court on writ of certiorari on November 29, 2012, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not summarily be decided. James Paola (defendant or Paola) appeals from a judgment of conviction after a jury verdict f

OPINION Justice GOLDBERG, for the Court. This case came before the Supreme Court on March 6, 2013, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not summarily be decided. The defendant, James Gaffney, was charged with two counts of felony assault in violation of G.L.19

OPINION Chief Justice SUTTELL, for the Court. *306 The defendant, James LaPierre, 1 appeals from a judgment of conviction of three counts of first-degree child molestation and three counts of second-degree child molestat

TIMOTHY J. KELLY, United States District Judge Plaintiffs Michael Flaherty, Captain Alan Hastbacka, and the Ocean River Institute filed their initial complaint in 2011. They sued the Secretary of Commerce, the National Oceanic and Atmospheric Administration, and the National Marine Fisheries Service ("the Service"), alleging that Defendants violated the Magnuson-Stevens Act and the Administrative Procedure Act in amending a federal

OPINION Justice Flaherty, for the Court. We are called upon to determine the meaning of the term “same insurance company” under G.L. 1956 § 27-7-2.1(i). The defendants, James S, Dias and Sarina M. Dunham, appeal from the Superior Court’s grant of summary judgment in favor of the plaintiff, Progressive Casualty Insurance Co. Dias suff

In two related actions, inter alia, to recover no-fault insurance benefits, James E. Flaherty appeals from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated April 30, 1996, which denied his motion, in effect, to reargue a prior order of the same court which granted the motion of the third-party defendants Charlene H. Mascia and Maxwell B. Mascia to dismiss the third-party complaint in Action No. 1 insofar as asserted against them,

*633 OPINION Chief Justice Suttell, for the Court. The plaintiff, Adam Correia, was seriously injured when a friend’s High Standard Model 1911 .45-caliber handgun accidentally discharged, causing a bullet to strike Correia in the abdomen. At the time of the ac