Late last week, the Law Court issued an important election law decision in Alliance for Retired Americans v. Secretary of State. In its opinion, the Court held that Maine’s deadline for receiving absentee ballots (8:00 p.m. on election day)
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Late last week, the Law Court issued an important election law decision in Alliance for Retired Americans v. Secretary of State. In its opinion, the Court held that Maine’s deadline for receiving absentee ballots (8:00 p.m. on election day)…
Earlier this year, I asked a question on this blog: does the Maine Constitution, now in its 200th year, still matter? Shortly after, I offered a few reasons why it should still matter, including the Maine Constitution’s unique history,…
I recently blogged about the need to file a cross-appeal of a favorable judgment in order to preserve an argument that provides alternate grounds for affirmance at the Law Court. As I noted, the Court has declined to reach alternative…
The Law Court yesterday issued an interesting decision in the ongoing ranked choice voting litigation that will have a broad application to appeals of final agency actions under M.R. Civ. P. 80C. The decision clarifies when an automatic stay of…
There is a new reality for appellate practitioners that is here to stay (for a while): oral arguments before the Law Court via Zoom. There are of course downsides to this new reality; I’m a firm believer that in-person communication…
The Law Court recently addressed an issue of great importance to appellate practitioners: does a party need to cross-appeal a favorable judgment in order to preserve an argument providing alternate grounds for affirmance, when the lower court rejected that argument?…
The Law Court recently issued a short decision, Wilmington Savings Fund Society, FSB v. Abildgaard, which provides a reminder of the importance of taking the appropriate steps at trial to ensure that interlocutory orders can be challenged on appeal.…
The coronavirus shut-down has been anything but a slow-down for this attorney-blogger, but it hasn’t entirely prevented me from continuing to muse about the Maine Constitution during its now-cancelled bicentennial celebration. So I thought I would give the Constitution a…
I recently wrote about the orders affecting appellate practice during the COVID-19 pandemic, noting the importance of staying up to date with current developments. While those developments continue at a relentless pace, there was one I thought it particularly helpful…
Holed up here in my home office like many of you, I thought it would be a helpful time to take stock of the current state of affairs in the courts of appeal during this pandemic. As with most of…