Darney v. Dragon Products Co., LLC

[¶ 1] As authorized by 4 M.R.S. § 57 (2009) and M.RApp. 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 United States District Court’s reasons for seeking our opinion, we must respectfully exercise our discretion to decline to answer the certified…