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
Maine Appeals
Maine Appeals, published by Pierce Atwood, focuses on appellate practice and legal developments in Maine's highest courts. The blog covers topics such as statutory interpretation, environmental permitting, common law liability, constitutional issues related to retroactive legislation, distinctions between equitable and legal remedies, and procedural amendments to appellate rules. It discusses significant court decisions affecting areas like environmental law, tort liability, contract and unjust enrichment claims, and procedural reforms in appellate litigation. The blog provides analysis of Maine Law Court rulings that shape the scope of agency review, liability for economic harm, vested rights under the state constitution, and appellate procedural requirements.
Latest from Maine Appeals - Page 10
Promesa, Promesa
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…
Sex again
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.
On the Basis of Sex
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…
Mark your calendar – May 15, 2019
That’s the date that the First Circuit will be holding its next federal criminal appellate practice seminar in Maine. (Announcement) It’s open to all, free and you get CLE.
If you are a civil practitioner, and because of…
Just say no and Spiderman
Sometimes around the holiday season, parents must use special skills to explain why Santa won’t be giving them that $500,000 drone or the Tesla they want. Are similar skills needed to say no to a judge in an oral argument…
CLASH OF THE TITANS
On December 3, the First Circuit (Judges Torruella, Thompson and Kayatta) heard another appeal emanating from the much-litigated federal Promesa legislation enacted in 2016 addressing Puerto Rico’s restructuring (i.e., essentially bankruptcy). A LOT of money is involved – Puerto Rico’s…
Puttin’ on the Writs
Here in the land of appellate law, there’s nothing more we like than diving into an area of dusty, obscure legal procedure. The land of ancient writs is one of those areas, and last week the First Circuit issued one…
Guns in the street
With yet another mass shooting this week, it’s timely to discuss a recent (Nov. 2) decision from the First Circuit, Gould v. Morgan. This involved a constitutional challenge to the Massachusetts firearms licensing statute, as implemented in Boston and…
Judicial conference 2018 – old and new, and in praise of Judge Hornby
I (a reader suggested that I stop using the royal we) attended the federal judicial conference at the Samoset last week. The topic du jour was social media, so that was the new. The conference closed with observations from two…