Legal Opinion

Nelson v. Times

Supreme Judicial Court of Maine

Decided June 3, 1977PublishedCited by 44 opinions

1Opinion of the Court

ARCHIBALD, Justice.

The plaintiffs have appealed from a Superior Court ruling granting the defendant’s motion to dismiss their complaint for “failure to state a claim upon which relief can be granted”. Rule 12(b)(6), M.R.C.P.

We deny the appeals.

The plaintiffs, mother and minor son, are both described in the complaint as “members of the Penobscot Tribe of Indians and reside on the Penobscot Tribal Indian Reservation, Indian Island, Old Town.”

The defendant is a newspaper published and circulated within the State of Maine, including the area of the State in which the plaintiffs live.

On February…

2Cases cited11 opinions

  1. Pavesich v. New England Life InsuranceSupreme Court of Georgia · 1904
  2. Cason v. BaskinSupreme Court of Florida · 1944
  3. Zacchini v. Scripps-Howard Broadcasting Co.Ohio Supreme Court · 1976
  4. Kelley v. Post Publishing Co.Massachusetts Supreme Judicial Court · 1951
  5. Estate of Berthiaume v. PRATT, MDSupreme Judicial Court of Maine · 1976

6 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. Crump v. Beckley Newspapers, Inc.West Virginia Supreme Court · 1984
  2. Jane Doe No. 1 v. Backpage.Com, LLCCourt of Appeals for the First Circuit · 2016
  3. Miller v. National Broadcasting Co.California Court of Appeal · 1986
  4. Veilleux v. National Broadcasting Co.Court of Appeals for the First Circuit · 2000
  5. Champagne v. Mid-Maine Medical CenterSupreme Judicial Court of Maine · 1998

39 more not listed; retrieve them via the Exa API.

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