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Sigmund David Schutz

Sigmund Schutz’s Legal Cases

17 total


  • Estate of Sweetland

    Practice Area:
    Litigation
    Date:
    Jan 30, 2001
    Outcome:
    Favorable Judgment Affirmed on Appeal
    Description:
    Our client, the residual beneficiary of an estate, won a claim asserting that the personal representative had breached her fiduciary duty. The trial court found that the personal representative "systematically and intentionally abused her authority by grossly overcharging the Estate for personal gain wherever and whenever she could," and that, consequently, she had breached her fiduciary duty. The Maine Supreme Judicial Court affirmed on appeal, finding that the personal representative had to reimburse the estate for the full amount of the overcharge notwithstanding that certain beneficiaries had previously signed a release.
  • Blethen Maine Newspapers, Inc. v. State of Maine

    Practice Area:
    Communications & Media
    Date:
    Apr 22, 2005
    Outcome:
    Judgment Affirmed In Part Vacated In Part
    Description:
    Our client, the largest newspaper publisher in the State of Maine, sought access to criminal investigatory records turned over by the Catholic Diocese to the Maine Attorney General related to accusations of priest sex abuse. The Maine Supreme Judicial Court affirmed the trial court's order that the investigative records be disclosed, subject to redaction of the names and other identifying informatin of living persons identified in the records.
  • Kenney v. Howard

    Practice Area:
    Communications & Media
    Date:
    Sep 22, 2004
    Outcome:
    All Claims Dismissed
    Description:
    Plaintiff, a prominent chef, alleged that a newspaper article relating to his business was defamatory. The court determined that the New York statute of limitations applied and, accordingly, that plaintiff's claims were time barred.
  • Gregoire v. Morgan Stanley DW, Inc.

    Practice Area:
    Securities & Investment Fraud
    Date:
    May 15, 2006
    Outcome:
    Award in Favor of Plaintiff
    Description:
    Our clients, husband and wife, pursued a claim for negligence and breach of fiduciary duty against their financial advisors for investment recommendations and other conduct. A three member panel of arbitrators entered an award in our favor in the amount of $419,000.
  • Sullivan v. City of Augusta

    Practice Area:
    Communications & Media
    Date:
    Dec 14, 2007
    Outcome:
    Affirmed in Part Reversed In Part
    Description:
    Our client, the City of Augusta, Maine, won reversal on appeal of the trial court's decision declaring that the First Amendment requires that a parade ordinance contain an exception to otherwise valid fees for indigent street marchers. The court affirmed the finding that the parade fee actually charged was excessive by $478.55. The plaintiffs asked that the U.S. Supreme Court review the case, but the high court declined.
  • CJT Enterprises, LLC v. Ropemakers Park, LLC

    Practice Area:
    Environmental and Natural Resources
    Date:
    Apr 10, 2009
    Outcome:
    Won Motion to Dismiss
    Description:
    The plaintiff, a steel fabricator, filed a lawsuit against our client for alleged failure to disclose an environmental condition requiring an alleged several million dollars in remediation costs. The seven count complaint alleged fraud, unfair trade practices, breach of contract, and other claims. In advance of costly discovery and prior to trial we convinced the Court that the plaintiff's claim had no merit -- achieving early and final dismissal of the case.
  • Blethen Maine Newspapers, Inc. v. State of Maine

    Practice Area:
    Communications & Media
    Date:
    Oct 21, 2002
    Outcome:
    Appeal Granted
    Description:
    In an appeal from denial of access to a report concerning an investigation into a prisoner suicide at the Kennebec County Jail, we represented a newspaper in lawsuit requesting that the Court grant access to the report. After a review of the report in chambers and based on our arguments, the Court agreed that the report was not a confidential personnel record and ordered that the Department of Corrections make the report available to our client and the public.
  • In re. United States Surgical Corporation and Mallinckrodt, LLC

    Practice Area:
    Environmental and Natural Resources
    Date:
    Aug 19, 2010
    Outcome:
    Won Modification of Commissioner's Order
    Description:
    In the the largest environmental enforcement action in Maine, won an order modifying a Maine Department of Environmental Protection Compliance Order to excavate, transport, and dispose of the waste contained in 5 hazardous waste landfills at a former chlor-alkali plant a cost of $250MM. The Board of Environmental Protection agreed to allow 3 landfills to remain in place.
  • In Re. Brookfield Renewable Power Inc.

    Practice Area:
    Environmental and Natural Resources
    Date:
    Jan 31, 2011
    Outcome:
    Decision and Order Approving Transfer of Ownership
    Description:
    Won order approving the transfer of ownership in a 99MW wind farm in Coos County, New Hampshire
  • In re Connanicut Island Sole Source Aquifer Designation

    Practice Area:
    Environmental and Natural Resources
    Date:
    Aug 14, 2008
    Outcome:
    Notice of Sole Source Aquifer Determination
    Description:
    Won decision by U.S. EPA to designate Conannicut Island, Rhode Island as a sole source aquifer under the Clean Water Act as published in 73 Fed.Reg. 47599 (Aug. 14, 2008) on behalf of citizens group.