FORTIN v. TITCOMB

Fed-12-60.

60 A.3d 765 (2013)

2013 ME 14

Michael FORTIN v. Jacob TITCOMB.

Supreme Judicial Court of Maine.

Decided: January 29, 2013.


Attorney(s) appearing for the Case

Michael A. Feldman, Esq. (orally), Law Offices of Michael A. Feldman, Brunswick, and Michael P. Turndorf, Esq. , Turndorf Law, P.A., Brunswick, on the briefs, for appellant Michael Fortin.

Douglas I. Louison, Esq. (orally), Louison, Costello, Condon & Pfaff, LLP, Boston, MA, on the briefs, for appellee Jacob Titcomb.

William Schneider , Attorney General, Paul Stern , Dep. Atty. Gen., Susan P. Herman , Asst. Atty. Gen., and Ronald W. Lupton , Asst. Atty. Gen., on the briefs, for amicus curiae State of Maine.

Dissent: JABAR, J.


GORMAN, J.

[¶ 1] Pursuant to 4 M.R.S. § 57 (2012) and M.R.App. P. 25, the United States Court of Appeals for the First Circuit (Lipez, J.) has certified two questions of state law for our review: (1) "Where an insurance policy is available to cover a judgment against a government employee sued in his personal capacity, is the applicable limit on the award of damages set by [14 M.R.S.] § 8104-D ($10,000) or by the combination of [14 M.R.S.] &...

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