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.)

Coffin lecture

Friday, October 30, 2015

As previously reported (A long way - 10/16/2015), Mary Bonauto was this year’s speaker for the Coffin lecture at the University of Maine Law School, which took place last night.  It was a packed house, with many judges (I believe I saw at least Judges Kayatta, and Lipez and Chief Judge Saufley) and illuminati (e.g., US Attorney Delahanty, Peter Mills) in attendance, along with lots of law students.

A long way

Friday, October 16, 2015

A decision in a recent reported question before the Maine SJC shows how far and fast the law has traveled on marriage equality.  Kinney v. Busch.

Appellate motion practice – who decides what?

Thursday, October 15, 2015

So here’s a difference between the motion practice in the Maine SJC and the First Circuit that I didn’t notice until now.

80Cs and the complicated question of time to appeal -- again

Friday, October 09, 2015

We have previously blogged on a Maine SJC decision rejecting an 80B appeal as untimely, with the Chief Justice in that case noting some problems and pitfalls under current law, and us noting a few more.  (Is your 80B clock ticking?)  Last Tuesday, the Court issued a decision rejecting an 80C appeal as untimely, so beware on that front as well.  (Bailey v. Dept. of Marine Resources, 2015 ME 128)

The Mills Brothers – and sisters

Thursday, October 01, 2015

Per my recent blog, I attended the Maine Historical Society’s event honoring the Mills family (Dora, Janet, Paul and Peter), and, as anticipated, it was a delightful event.  If we were all as involved in our communities as each of these folks, the world would be a different (and better) place.  Dora Mills has even worked with Mother Theresa!

For the Record

Wednesday, September 23, 2015

The latest (Summer 2015) edition of the Council of Appellate Lawyers’ Appellate Issues addresses a hot and important topic in appellate law – the record.  Or, more accurately, discusses the current assault on the record as we have traditionally known it.  This is a topic upon which I have blogged before (sometimes responding to Judge Posner’s views on the subject, whom I believe takes a rather liberal view of the need to color within the lines of established rules). 

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


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.

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