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At long last, the First Circuit has issued its en banc decision in Eves v. LePage. Cutting to the chase, the Court affirmed Judge Singal’s dismissal of the action on qualified immunity grounds. Six judges heard the case: CJ Howard, and Judges Torruella, Stahl, Lynch, Thompson and Barron (Judge Kayatta recused). There were two opinions, one written by Judge Lynch, joined by CJ Howard and Judge Stahl, and a concurrence written by Judge Thompson,…
The big decisions from the Supreme Court are coming fast, and in the takings jurisprudence world, the one issued on Friday was a biggie, overruling Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985)Knick v. Township of Scott, PA, No. 17-647 (U.S. S.C., June 21, 2019). We’ve blogged on this pending case before, Takings law – exhausted or just exhausting?, Sept. 28, 2018 and The
Maine’s new privacy law regarding broadband internet service providers, An Act To Protect the Privacy of Online Customer Information (LD 946, to be codified at 35-A M.R.S. c. 94), billed as the strictest in the nation, has gotten a lot of press. E.g., Gov. Mills signs nation’s strictest internet privacy protection bill, www.pressherald.com, June 6, 2019, Maine’s New Internet Privacy Law: What You Need to Know, www.natlawreview.com, June 14, 2019. Here’s our firm’s…
The Law Court recently decided a Rule 80B case and so, of course we must discuss. Cape Shore House Owners Association v. Town of Cape Elizabeth,  https://www.courts.maine.gov/opinions_orders/supreme/lawcourt/2019/19me086.pdf. The facts are simple, and I streamline them further to focus only on what matters for the purpose of my musings: X sought a  permit; the ZBA granted it; the abutters filed a Rule 80B challenging the decision; and in addition to a straight 80B, the…
Well, we’ve been humongously busy, but c’est la vie. One stop we made was to the conference of the American Academy of Appellate Lawyers in Philadelphia. Donald Macomber was also there from the AG’s office, and there were lots of solid presentations (and what a great town – my first visit).  One interesting thing I learned was there is this nifty study from the ABA with an excellent chapter on what formatting should be now…
Well, that last posted blog entry was so exhausting, here’s something short and snappy: The First Circuit has posted the program for the criminal appellate practice seminar we previously blogged about (Mark your calendar – May 15, 2019):  Federal Criminal Appellate Practice Seminar Program For we civil practitioners, the agenda looks pretty criminal-centric, but the opening from the clerk is always useful, and I wouldn’t miss Judge Barron on best practices at 11:45…
The Massachusetts Appeals Court recently issued a regulatory takings decision with relevance to us in Maine given our State’s unique relationship to the Commonwealth. Smyth v. Conservation Commission of Falmouth, 94 Mass. App. Ct. 790. Kudos to Pierce Atwood’s Michelle O’Brien and Nicholas Brown for prevailing in this appeal. Among other things, in Smyth, the Massachusetts Appeals Court held that there is no right to a jury in a regulatory takings case. This matters…
On December 4, 2018 we blogged about the oral argument in this appeal involving the constitutionality of federal legislation enacted to address Puerto Rico’s restructuring. (CLASH OF THE TITANS) The question was whether the people appointed to the oversight board had to be appointed by the President with the advice and consent of the Senate. The district court said no, but the First Circuit has now spoken and ruled otherwise. In an opinion…
Now that I have your attention, let’s discuss a recent First Circuit decision interpreting when there’s a hostile work environment and who’s liable for it under the Maine Human Rights Act.  Roy v. Correct Care Solutions, No. 18-1313 (1st Cir. 2019).  Judge Lynch, writing for co-panelists Judges Stahl and Barron, issued a thorough decision vacating summary judgment in favor of the employer issued by District Court Judge Levy. The facts are set out in detail…
Perhaps moved by my recent viewing of the movie bio of Ruth Bader Ginsberg, On the Basis of Sex, in pondering how much we’ve progressed in gender equality in our own vocation since the days of her early battles as portrayed in that film, here’s a dispiriting article from Bloomberg law about how the chances of arguing in front of the Supreme Court if you are a woman appear worse than winning the lottery –…