DARNEY v. DRAGON PRODUCTS CO., LLC

Docket: Fed-09-415.

994 A.2d 804 (2010)

2010 ME 39

Stephen DARNEY et al. v. DRAGON PRODUCTS COMPANY, LLC.

Supreme Judicial Court of Maine.

Decided: May 11, 2010.


Attorney(s) appearing for the Case

Peter W. Culley, Esq., Eric J. Wycoff, Esq. (orally), Pierce Atwood LLP, Portland, ME, for Dragon Products Company, LLC.

Peggy L. McGehee, Esq. (orally), Perkins Thompson, P.A., Portland, ME, for Stephen and Kathy Darney.

Panel: SAUFLEY, C.J., and ALEXANDER, LEVY, SILVER, MEAD, GORMAN, and JABAR, JJ.


SAUFLEY, C.J.

[¶ 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...

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