Albanasi v. Maker, OXFcv-24-00044

Plaintiffs (Alan Albanasi, Arthur Albanasi, Seth Carey, Sherri Smart, Samantha Smart) sued Veda Maker, Jason Conway, and Pine Tree Legal Assistance (PTLA), largely in response to earlier litigation involving eviction and habitability claims.
The underlying case (Maker v. Carey) in Rumford District Court was dismissed for lack of service, but Carey sought subsequent relief that was summarily denied due to restrictions on his ability to initiate legal actions.
Plaintiffs filed a multi-count complaint in Oxford Superior Court, including counts for replevin, negligence, conversion, fraud, intentional/negligent infliction of emotional distress, and defamation.
Service on Maker was directed by posting (not permitted by Maine rules), and more than 90 days passed without personal service; PTLA was properly served.
Samantha Smart withdrew from the case, alleging Carey misrepresented the purpose of the lawsuit and acted as her legal representative despite being suspended from practice.
Defendants moved to dismiss: PTLA invoked Maine's anti-SLAPP statute and Rule 12(b)(6); Maker moved for dismissal based on lack of service.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of Service	Complaint was posted on Maker's door.	Service was ineffective and untimely under Maine rules.	Dismissed: Service improper, complaint dismissed as to Maker.
Anti-SLAPP Protection	PTLA not engaging in true petitioning activity.	Claims arise from protected petitioning (litigation activity).	Dismissed: Counts II-VII protected by anti-SLAPP statute.
Failure to State Claim	Claims set forth causes for relief (broadly pled).	Complaint fails essential pleading elements for all claims.	Dismissed: All counts fail to state a claim vs all defendants.
Attorney's Fees	No specific challenge to fee request.	PTLA sought fees under anti-SLAPP; Maker requested but no basis.	Fees ordered for PTLA (against Carey); Maker's denied.

Doughty v. Sullivan, 661 A.2d 1112 (Me. 1995) (action for replevin requirements)
Estate of Smith v. Cumberland Cnty., 2013 ME 13 (Me. 2013) (elements of negligence claim)
Deane v. Central Me. Power Co., 2024 ME 72 (Me. 2024) (elements and heightened pleading standard for fraud)
Argereow v. Weisberg, 2018 ME 140 (Me. 2018) (IIED requirements)
Curtis v. Porter, 2001 ME 158 (Me. 2001) (negligent infliction of emotional distress requirements)
Rippett v. Bemis, 672 A.2d 82 (Me. 1996) (defamation elements)
Waugh v. Genesis Healthcare LLC, 2019 ME 179 (Me. 2019) (pleading for defamation)