[¶1] Aubert A. and Christiane Godbout1 appeal from a judgment entered in the Superior Court (Cumberland County, Nivison, J.) dismissing as time-barred their products liability complaint against WLB Holding, Inc., f/k/a W.L. Blake & Co. The Godbouts contend that the court's application of the Maine Business Corporation Act's statute of repose to their complaint violates the purposes of the Act and the "open courts" provision of the Maine Constitution. Alternatively, the Godbouts...  

[¶1] Domingos Medeiros appeals from a judgment of the Superior Court (Franklin County, Murphy, J.) following a jury-waived trial, convicting him of leaving the scene of an accident involving death or serious bodily injury (Class C), 29-A M.R.S. § 2252(5) (2009).1 Medeiros argues that there is insufficient... ... ... evidence in the record to support the court's finding that he: (1) had actual knowledge of his involvement in the accident, and (2) recklessly failed to comply with the...  

[¶1] Donald Lord appeals from a judgment of the District Court (Machias, Gunther, J.) granting Rebecca (Baxter) Bard's motion to modify a parental rights and responsibilities order. Lord contends that the court erred in using Department of Labor statistics in imputing income to him for the purpose of determining his child support obligation. We discern no error in the court's methodology and affirm the judgment... I. BACKGROUND... [¶2] Rebecca Bard and Donald Lord are the parents of a...  

[¶ 1] Ernest J. Donatelli appeals from a judgment of conviction of one count of unlawful trafficking in scheduled drugs (Class B), 17-A M.R.S. § 1103(1-A)(A) (2009), and one count of illegal importation of scheduled drugs (Class C), 17-A M.R.S. § 1118(1), (2)(A) (2009), entered in the Superior Court (Androscoggin County, Marden, J.) upon his conditional guilty plea. Donatelli contends that the court erred in denying his motion to suppress cocaine seized during a warrantless...  

[¶ 1] These related appeals center on a dispute regarding the ultimate responsibility for payment of damages arising out of a serious automobile accident in which the driver of a rented car was at fault. The parties' challenges to several judgments of the Superior Court (York County, Fritzsche, J.) require us to address the varying responsibilities of the rental company, the corporate renter, the individual employee who signed the rental agreement on behalf of the corporate... ... ......  

[¶ 1] Duane Christopher Waterman appeals from judgments entered and sentences imposed upon his conviction for two counts of murder, 17-A M.R.S. § 201(1)(A) (2009), following a jury trial in the Superior Court (Oxford County, Cole, J.). Waterman contends that (1) there is insufficient evidence to support his convictions; (2) the court abused its discretion when it denied Waterman the opportunity to question witnesses on an alternative suspect theory; (3) the court misapplied principles...  

[¶ 1] Donald B. Godsoe appeals from separate summary judgments entered in the District Court (Lewiston, Beliveau, J.) in favor of Elizabeth Godsoe and Peter Wiers. Donald argues that the court erred in granting Elizabeth's and Wiers's motions for summary judgment on the grounds of: (1) res judicata because a triable issue of fact remained as to whether Elizabeth and Wiers committed fraud concerning the paternity of Elizabeth's son; and (2) collateral estoppel because the court's decision,...  

[¶ 1] Walter and Jayne Ercolini appeal from an entry of a default judgment in the Superior Court (Cumberland County, Cole, J.). The Ercolinis contend that the court abused its discretion by (1) denying their motion to set aside the clerk's entry of default, and (2) failing to conduct an evidentiary hearing before entering a default judgment. We affirm the judgment... I. BACKGROUND... [¶ 2] In August 2008, Susanne Richter filed a complaint against the Ercolinis concerning a boundary...  

[¶ 1] As authorized by 4 M.R.S. § 57 (2009) and M.R. App. P. 25, the United States District Court for the District of Maine (Singal, J.) certified two questions to us in this matter:... (1) "Does Maine law follow the modern theory of trespass in recognizing a cause of action for trespass based on intangible invasions by dust or vibrations?"... (2) "If so, does that cause of action require proof of actual and substantial damages?"... [¶2] Although we respect the...  

[¶ 1] Gerald P. Nelson Jr. appeals from a judgment entered in the Superior Court (Kennebec County, Horton, J.) convicting him of two counts of theft by deception (Class B and C), 17-A M.R.S.A. § 354 (1983 & Supp. 2002); 17-A M.R.S.A. § 362(2)(A) (Supp. 2002) (Class B); 17-A M.R.S.A. § 362(3)(A) (Supp. 2000) (Class C),1 and sentencing him, in part, to the payment of restitution pursuant to 17-A M.R.S. § 1325 (2009). We affirm the conviction on Count I. Because we...  

[¶ 1] Todd R. Rich appeals from a judgment of the Superior Court (Kennebec County, Jabar, J.), affirming a decision by the Department of Marine Resources that suspended Rich's lobster and crab fishing license for a period of three years pursuant to 12 M.R.S. § 6402 (2008). Because we conclude that section 6402 did not, at the time, authorize the three-year suspension in the absence of a criminal conviction, we vacate the judgment... I. BACKGROUND... [¶ 2] On January 18, 2008,...  

[¶ 1] Salvador T. Poblete appeals from a judgment of conviction of gross sexual assault (Class B), 17-A M.R.S. § 253(2)(H) (2009), entered in the Superior Court (Knox County, Hjelm, J.) following a jury trial. Poblete contends that the court (Humphrey, C.J.) erred in denying, in part, his motion to suppress statements he made to the police. Poblete also argues that: (1) the court-provided interpreter's translation services were inadequate and deprived him of a fair trial, and (2) the...  

[¶ 1] Maine Education Association appeals from an interlocutory order entered in the Superior Court (Kennebec County, Jabar, J.) disqualifying its counsel in connection with an employment discrimination action filed by Joan M. Morin. The Association contends that the court exceeded its discretion in disqualifying both counsel and their law firm. We agree, and vacate the judgment... I. FACTS AND PROCEDURE... [¶ 2] The Association has employed Morin as a labor advocate, and later as a...  

[¶ 1] James Berke appeals from a judgment of the Superior Court (Cumberland County, Cole, J.) following a jury-waived trial, convicting him of thirteen counts associated with sexual contact with two minors under the age of twelve.1 On appeal, Berke challenges the Superior Court's admission of certain videotapes into evidence without authenticating testimony. We affirm the conviction... ... ... I. BACKGROUND... [¶ 2] Viewing the facts in the light most favorable to the State as the...  

[¶ 1] The State of Maine appeals from a judgment of the Superior Court (Franklin County, Murphy, J.) denying its motion to correct the sentence that the court imposed on Gerald W. Gilman following his conviction at a bench trial for operating after habitual offender revocation (Class C), 29-A M.R.S. § 2557-A(2)(D)(2) (2008).1 See M.R. Crim. P. 35(a). The State contends that the... ... ... court imposed an illegal sentence when it sentenced Gilman to less than the minimum mandatory...  

[¶ 1] Gilbert E. Telford appeals from a judgment of the Superior Court (Oxford County, Cole, J.) amending the conditions of his probation by adding an additional condition at the request of his probation officer. Telford argues that the plea agreement he entered into with the State on the underlying indictment constituted a contract that the State could not breach by requesting additional probation conditions after the initial entry of judgment. We affirm the judgment amending the...  

[¶ 1] Dominic D'Alessio Jr. appeals from a judgment entered in the District Court (West Bath, Worth, J.) in favor of Cellar Dwellers, Inc. following a jury-waived trial on Cellar Dwellers' claims for breach of contract, quasi-contract, unjust enrichment, and enforcement of a mechanic's lien. In addition to awarding Cellar Dwellers $6468.25 in damages, the court awarded penalties, prejudgment interest, and attorney fees pursuant to the prompt payment statute, see 10 M.R.S. §§...