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…

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.…

The Law Court recently issued a decision in Caiazzo v. Secretary of State that was interesting on several levels.  (Full disclosure: this blogger represented the petitioner in the appeal).  One procedural aspect of the decision is particularly interesting, as it…

Any good appellate lawyer, and any good appellate judge, is always learning.  One great avenue for professional growth is the Council of Appellate Lawyers, which is the ABA’s unique appellate bench-bar organization.  CAL’s mission is to foster a dialogue…

What is the remedy in an administrative appeal when the fact-finder doesn’t do its job by making findings of fact to explain its decision? As the Law Court recently reaffirmed in Fair Elections Portland, Inc. v. City of Portland,…

It isn’t every day that the Law Court addresses claims of civil conspiracy or aiding and abetting breaches of fiduciary duty, but that is exactly what the court did in Meridian Medical Systems, LLC v. Epix Therapeutics, Inc. – with…

In a recent blog post, I explored the application of the final judgment rule to appeals from preliminary injunction orders in state court.  As I noted, the Law Court has recently applied the “death knell” exception to that rule…