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
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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
When Do You Have to Seek a Stay in an 80C Appeal?
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
Arguing from Afar: The New Reality of Zoom
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
When in Doubt, Cross-Appeal!
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?
Challenging Interlocutory Decisions on Appeal – What Not to Do
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.
Musings on the Maine Constitution’s Bicentennial, Coronavirus Edition
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
COVID-19 and Appellate Practice: A Maine Update
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