Yes, it’s been a while – the combination of summer doldrums on the decision-issuing front and busy-ness and vacation frolicking on the part of yours truly. But the appellate courts are all back in session now with the kick off
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.
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Sometimes you feel like a nut
In a spit decision, the First Circuit reversed a dismissal of a putative class action in a Massachusetts consumer protection case. Dumond v. Reily Foods Co., No. 18-2055 (1st Cir. Aug. 8, 2019)
The defendant New England Coffee Company sells…
Shall we cultivate our garden?
We are in the summer doldrums in terms of issuance of decisions, but an interesting Order came down dated yesterday and appearing today on the First Circuit’s website – Thompson v. JP Morgan Chase, NA, No. 18-1559 (1st Circ., July…
Good Eve-ning, lights out
At long last, the First Circuit has issued its en banc decision in Eves v. LePage. Cutting to the chase, the Court affirmed Judge Singal’s dismissal of the action on qualified immunity grounds.
Six judges heard the case: CJ…
Take that, precedent!
The big decisions from the Supreme Court are coming fast, and in the takings jurisprudence world, the one issued on Friday was a biggie, overruling Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985)…
Maine’s new ISP privacy law and the enforcement conundrum
Maine’s new privacy law regarding broadband internet service providers, An Act To Protect the Privacy of Online Customer Information (LD 946, to be codified at 35-A M.R.S. c. 94), billed as the strictest in the nation, has gotten a lot…
When are declarations independent?
The Law Court recently decided a Rule 80B case and so, of course we must discuss. Cape Shore House Owners Association v. Town of Cape Elizabeth, https://www.courts.maine.gov/opinions_orders/supreme/lawcourt/2019/19me086.pdf.
The facts are simple, and I streamline them further to focus…
1 ½ – Show me!
Well, we’ve been humongously busy, but c’est la vie. One stop we made was to the conference of the American Academy of Appellate Lawyers in Philadelphia. Donald Macomber was also there from the AG’s office, and there were lots of…
A quickie blog re appellate seminar
Well, that last posted blog entry was so exhausting, here’s something short and snappy:
The First Circuit has posted the program for the criminal appellate practice seminar we previously blogged about (Mark your calendar – May 15, 2019): …
The Knicks again, and the jury is out in Massachusetts and in in Maine – or is it?
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…