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
Latest from Maine Appeals - Page 2
Interlocutory Appeals and Judicial Efficiency
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
All Cleaned Up
Appellate advocacy is about persuasion – and the most important avenue for persuading appellate judges is a brief that is clear, concise, and readable. So what does an appellate attorney do when confronted by the need to quote a passage
Appealing from a Preliminary Injunction Order in Maine? Maybe You Can, Maybe You Can’t.
As recently noted on this blog, parties can appeal a preliminary injunction order in federal court under 28 U.S.C. § 1292 – but, typically, the same right of appeal is not available under Maine law. As stated in Sanborn v.
Appellate Trends During the COVID-19 Pandemic
Chief Justice Roberts recently issued his year-end report on the federal judiciary, appropriately focusing on the effects of the COVID-19 pandemic. The Chief Justice noted that 2020 ended with the judiciary in much the same situation as when the American
Immediate Appeals of Temporary Restraining Orders? Not So Fast.
Interlocutory appeals, including those relating to injunctive relief, often present traps for the unwary. In state court in Maine, parties typically cannot appeal an order granting or denying a motion for preliminary injunction. The Law Court has so held in
Law Court Adopts Integrated Business Records Exception to Hearsay Rule
Late last week, the Law Court unequivocally adopted the integrated business records exception to the hearsay rule under Rule 803(6) of the Maine Rules of Evidence in The Bank of New York Mellon v. Shone. It held:
“[A] record
Elections, COVID-19, and the Maine Constitution, Oh My!
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)
The Law Court’s Answer Is Yes, The Maine Constitution Does Still Matter
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,
So You Should Cross-Appeal To Preserve an Alternative Argument – But Should You Have To?
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