CTA1 round up

Monday, January 25, 2016

Per our last blog, now let’s take a look at what’s doing in the First Circuit.  There are two decisions issued by the CTA1 coming from Maine last month, and both are worth discussion.


SJC Round-up

Friday, January 22, 2016

Let’s take a look at what the Maine Supreme Judicial Court’s been up to recently.

Island means island

Thursday, December 17, 2015

If you have lived in Maine for any length of time, you remember that in 1979, the Maine Indians claimed 2/3s of the State of Maine. The end result was a settlement, embodied in federal and state statutes, that among other things, gave the tribes federal recognition and $80 million, and set forth reservation boundaries.  In an action in which we represented a coalition of municipalities and other users of the Penobscot River, the federal district court confirmed that the Penobscot Reservation does not include, as the Tribe recently claimed, the 60-mile main stem of the Penobscot River.  (Order on Cross-Motions for Summary Judgment, Order on the Pending Motions of State Intervenors) 

 

 


1983 and 80B, or what am I missing?

Tuesday, December 15, 2015

The Maine SJC issued a decision in November in a civil rights case consistent with a line of authority in which the result appears right to me, but the way the Court gets there makes me scratch my head.  Marshall v. Town of Dexter, 2015 ME 135


Fables

Friday, December 11, 2015

The latest Maine Bar Journal (Fall 2015) has been issued, and included is another set of Judge Hornby’s “Fables” – short lessons in the Aesop mode.  These are always enjoyable, thought provoking, and helpful.  There are a few this time relevant to appellate practice.

DC and Paris

Tuesday, December 01, 2015

So it’s been a while, but I have been travelling.  First to DC for the AAAL conference, then Paris for vacation – and yes, I was there for the shootings.

When is a remand assigned to a different judge?

Monday, November 09, 2015

I was perusing recent First Circuit decisions and noticed one that ordered a remand to a different district court judge.  U.S. v. Figueroa-Ocasio (Oct. 16, 2016).  This is unusual, and got me wondering whether there is any pattern that can be found in these determinations, either in that court or the Maine SJC.


What's new in appellate law?

Wednesday, November 04, 2015

I am off at the end of the week to a conference of the American Academy of Appellate Lawyers, where I serve on the board.  (http://www.appellateacademy.org/)  Congratulations to the newest Maine member of AAAL, Margaret McGaughey at the U.S. Attorney’s office and Donald Macomber at the Attorney General’s office!  (Now there are four of us – Margaret, Don, Gerry Petrucelli and moi.)

About Maine Appeals

With the launch of this blog, we seek to discuss issues relating to appeals and appellate law in Maine, including the activities and decisions of the Maine Supreme Judicial Court and First Circuit Court of Appeals relevant to Maine, and other participants in the Maine appellate community.

About the Author

Catherine R. Connors
Partner, Pierce Atwood LLP
Biography / Pierce Atwood’s Appellate Litigation Page

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To reach Cathy Connors with comments about this blog, please e-mail to cconnors@pierceatwood.com

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This is a site offering non-comprehensive commentary, and seeking to prompt a dialogue about issues relating to Maine appeals. It is not an attempt to provide legal advice.

This blog may be construed as an advertisement, but should not be construed as legal advice or a legal opinion on any specific facts or circumstances, nor does it create attorney-client privilege.