Legal Opinion

OfficeMax Inc. v. County Qwik Print, Inc.

District Court, D. Maine

Decided August 9, 2011No. 1:10-cv-00110PublishedCited by 6 opinions

1Opinion of the Court

ORDER ON MOTIONS TO DISMISS AND TO AMEND COUNTERCLAIMS

JOHN A. WOODCOCK, JR., Chief Judge.

In this fiercely litigated suit between an employer and its former employees, the employer seeks dismissal under Rule 12(b)(6) of the employees’ counterclaims of breach of contract, fraud, and violation of Maine’s Timely Payment of Wages Statute, 26 M.R.S. § 621-A. At the same time, the former employees move to amend their counterclaims. The Court concludes that the breach of contract and statutory counterclaims state claims on which relief may be granted and thus survive the motion to dismiss, but that…

2Cases cited31 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Foman v. DavisSupreme Court of the United States · 1962
  4. Summers v. Earth Island InstituteSupreme Court of the United States · 2009
  5. Ocasio-Hernandez v. Fortuno-BursetCourt of Appeals for the First Circuit · 2011

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3Cited by6 opinions

  1. BARTON v. VILLAGE MORTGAGE COMPANYDistrict Court, D. Maine · 2019
  2. BOYNE USA INC v. STARR SURPLUS LINES INSURANCE COMPANYDistrict Court, D. Maine · 2025
  3. Billi-Jo Cluney v. Brownells, Inc., et al.District Court, D. Maine · 2025
  4. Buergofol GmbH v. Omega Liner Company, Inc.District Court, D. South Dakota · 2024
  5. FINN v. CUP 4 CUP LLCDistrict Court, D. Maine · 2023

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