The Law Court typically may only consider an appeal of a “final judgment”—that is, a decision that fully decides and disposes of the parties’ entire case and leaves no further questions for consideration. However, this “final judgment rule” is subject
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 2
We’re Back – And (Hopefully) at Least as Good as Ever
Hello, loyal readers. Six years ago, readers of this blog were greeted by a passing-of-the-torch post, when Pierce Atwood partner Cathy Connors became Associate Justice Catherine R. Connors of the Maine Supreme Judicial Court and handed the reins of…
May v. Must – The Scope of Agency Permitting Review under Statutory Standards
The Law Court recently issued a decision in Eastern Maine Conservation Initiative v. Board of Environmental Protection that contains an enlightening discussion of what an agency must consider—as opposed to what an agency may consider—in issuing a permit. In so…
Opioids and Common Law Liability for Indirect Economic Harm
Earlier this month, the Law Court weighed in on a hot-button legal issue—the potential liability of opioid manufacturers for the costs of the drug epidemic. In Eastern Maine Medical Center v. Walgreen Company, the Law Court affirmed a decision…
Vested Rights Revisited
In recent years, numerous state courts across the country have been asked to consider the question whether a plaintiff’s claim can be retroactively revived by the legislature after the claim has been extinguished by a statute of limitations. The Law…
Litigants Beware: Unjust Enrichment v. Quantum Meruit
The distinction between unjust enrichment claims and quantum meruit claims have long bedeviled courts and practitioners. In Core Finance Team Affiliates v. Maine Medical Center, the Law Court provided important guidance regarding the differences between these claims while leaving…
New Amendments to the Maine Rules of Appellate Procedure
The Supreme Judicial Court has adopted amendments to the Maine Rules of Appellate Procedure, which will become effective on November 1. These rules reflect a significant amount of work by the Maine Appellate Rules Committee, of which I currently have…
Interlocutory Appeals – Navigating the Pitfalls
Generally speaking, under the ‘final judgment rule,’ a party can only appeal a final judgment—a decision that fully decides and disposes of the whole case, leaving no further questions for future consideration. This judicial doctrine, however, is subject to exceptions.…
Legislators, Standing, and the Courts
Disputes between members of different branches of government frequently raise thorny issues—and standing is often one of them. The Maine Law Court tackled the issue of legislator standing in its recent decision in Clardy v. Jackson, its first pronouncement…
Overruling Chevron Changes Everything. Or Not.
As I previously noted on this blog, the end of the Supreme Court’s term brought with it a landmark decision in Loper Bright Enterprises v. Raimondo, which overruled Chevron v. Natural Resources Defense Council. The holding of Loper…