It’s the middle of a beautiful Maine summer, a good time for a few quick hits on some interesting developments . . .
First, as I previewed last month, new amendments to the Rules of Appellate Procedure became effective
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Proposed Amendments to the Maine Rules of Appellate Procedure
The Advisory Committee on the Maine Rules of Appellate Procedure, of which I am a member, has been working with the SJC on potential changes to the rules. The Court has made the proposals publicly available, and has invited…
Covid-19, Emergency Pandemic Orders, and Force Majeure
The Law Court recently weighed in on a trending legal issue – the extent to which Covid-19 restrictions trigger “force majeure” contract clauses. In 55 Oak Street LLC v. RDR Enterprises, Inc., the Law Court considered the applicability of…
Due Process, Preliminary Injunctions, and Final Judgments
The Court recently clarified an important issue of civil procedure – the precise point at which a court may consolidate a preliminary injunction hearing with a hearing on the merits.
Rule 65 of the Maine Rules of Civil Procedure provides…
The Rebirth of State Constitutionalism Continues
One of the most interesting trends in the Law Court’s jurisprudence (at least in the mind of this blogger) is the continued renaissance of the Court’s primacy doctrine – an issue addressed before on this blog. As explained in two…
Can You Enforce an Online Contract In Maine? It Depends.
The Law Court recently weighed in on a matter of critical importance – the enforceability of online consumer contracts. Confronting the issue in a case involving ride-sharing giant Uber’s efforts to enforce an arbitration provision, the Law Court held in…
Revisiting Appellate Trends from 2021
Around this time last year, I took a look at statistics showing that the filing of new civil appeals had declined in federal courts and in Maine. As I observed then, the 2020 statistics had not yet fully captured the…
Tricky Issues of Appellate Procedure: Timeliness and Cross-Appeals Edition
Yesterday the Law Court, in an opinion written by Justice Connors, Concord General Mutual Ins. Co. v. Estate of Collette J. Boure, touched on two important appellate issues – one of which has been addressed often on this blog. …
It’s Time to Clarify When Cross-Appeals Are Necessary
Much has been said on this blog about when one should cross-appeal, given the Law Court’s jurisprudence on the topic. I most recently addressed the issue here. As I noted then, there is some tension between the text of…
A New Experiment In Oral Arguments
For Supreme Court watchers and appellate practitioners, last week brought an interesting development – the Court is changing how it conducts oral argument. Arguments will now feature both unstructured questioning by all justices and then uninterrupted questioning by individual justices.…