Justia Communications Law Opinion Summaries

The Supreme Judicial Court affirmed the judgment of the superior court awarding attorney fees to the Human Rights Defense Center (HRDC) based on the court's ruling after an evidentiary hearing that the Maine County Commissioners Association Self-Funded Risk Management Pool (Risk Pool) had refused in bad faith to comply with HRDC's lawful request for records, holding that the Risk Pool's response constituted a bad faith refusal.HRDC submitted to the Risk Pool a request for records pursuant to the Maine Freedom of Access Act (FOAA), Me. Rev. Stat. 1, 400-414. The Risk Pool never denied or explicitly refused to comply with HRDC's request. Pursuant to FOAA's appeal procedure, HRDC filed a complaint against, among others, the Risk Pool. The Risk Pool filed a motion to dismiss, arguing that HRDC had failed to meet the FOAA requirement that the appeal be filed within thirty calendar days of the agency's "refusal, denial, or failure" to comply with the FOAA request. The motion was denied, and the court entered judgment in favor of HRDC. The Supreme Court affirmed, holding (1) HRDC's complaint was timely filed; and (2) the court did not err in awarding attorney fees based on the finding that the Risk Pool acted in bad faith in responding to HRDC's FOAA request. View "Human Rights Defense Center v. Maine County Commissioners Ass'n Self-Funded Risk Management Pool" on Justia Law

The Supreme Judicial Court affirmed the judgment of the superior court entered upon a jury verdict in favor of Mainely Media, LLC on the tort claims brought by Norman Gaudette, a former Biddeford police officer, and his wife Joanne, holding that the trial court did not abuse its discretion in admitting certain testimony.The Gaudettes brought this action claiming defamation, false light, and loss of consortium alleging that Mainely Media had published incorrect information indicating that Norman had sexually abused minors years earlier while he was a police officer. The trial court entered judgment in favor of Mainely Media. On appeal, the Gaudettes argued that the trial court abused its discretion by refusing to strike a detective's testimony that an earlier investigation of Norman did not exonerate him. The Supreme Judicial Court affirmed, holding that the superior court did not abuse its discretion when it admitted the detective's testimony. View "Gaudette v. Mainely Media, LLC" on Justia Law

The Supreme Judicial Court affirmed an order of the Public Utilities Commission granting in part and denying in part a petition for a certificate of public convenience and necessity (CPCN) to operate as a competitive local exchange carrier. Enhanced Communications of Northern New England, Inc. appealed. The Supreme Judicial Court affirmed, holding (1) after after finding that Enhanced met all three criteria set forth in section 4(A) of chapter 280 of the Commission’s regulations, the Commission could nonetheless deny Enhanced’s petition for a CPCN on public interest grounds; and (2) the Commission lawfully denied Enhanced’s petition on public interest grounds. View "Enhanced Communications of Northern New England, Inc. v. Public Utilities Commission" on Justia Law

Maine Revenue Services (MRS) assessed MCI Communications Services, Inc. (MCI) $184,873.69 for two types of surcharges - property tax recovery charges (PTRCs) and carrier cost recovery charges (CCRCs) - that MCI imposed upon its Maine customers. The Maine Board of Tax Appeals vacated the imposition of the tax based on its determination that the PTRCs and CCRCs were excluded or exempt from taxation because they were part of the sale of interstate or international telecommunications services. The Supreme Judicial Court affirmed, holding that the PTRCs and CCRCs collected by MCI before July 18, 2008 were excluded from taxation and that those charges collected from MCI from July 18, 2008 forward were exempt from taxation. View "State Tax Assessor v. MCI Communications Services, Inc." on Justia Law