Everyone knows that there are simple tests to take to discern traits. For example, a simple test to find out if people are male or female is to put them in a room where a Three Stooges movi…
Comments?
The framework for this blog has now been adjusted to accept comments. In the past, it was closed, so people had to email, and then I had to follow up and see if that person wanted me to sha…
Somalis/Salamis
Last Thursday the First Circuit issued a two-fer: a case with both interesting facts and law. Levesque v. Doocy, Case No. 08-1814.http://www.ca1.uscourts.gov/ It was a Maine case, and the…
Poland Spring, vision and regulation
Last Thursday the Maine SJC decided our appeal in Nestle Waters North America, Inc. v. Town of Freyburg, 2009 ME 30, http://www.courts.state.me.us/court_info/opinions/2009%20documents/09me30…
Estop them before they sue again
Two recent opinions, one from the Maine SJC and one from the First Circuit, reflect how concepts of res judicata or estoppel may not be firmly grasped: 1. Kelley v. Maine Public Employe…
Stick a fork in me … I’m done
So last Thursday marked the end of my foray since last June into 3 operations, 4 1/2 months of chemo and 6 1/2 weeks of radiation. I have certainly learned a lot (and if anyone wants to tap…
The Senate and Supremes
Last night, thanks to the kind invitation of our excellent, hardworking and all around nice Senator Collins, I was her guest at the biannual Senate-Supreme Court Historical Society dinner at…
Mailing it in, or a First Amendment primer
The discussion in the First Circuit decision from February 25, Gallo v. Parent, http://www.ca1.uscourts.gov/ touches upon an interesting First Amendment issue that comes up once in a wh…
The Appellate Lawyer’s Hippocratic Oath
The February edition of The American Lawyer has a short article about Making Your Case: The Art of Persuading Judges by the co-author of the book with Justice Scalia, Bryan Garner. In the…
Not so fast
Since for some reason lawyers seem interested in cases involving lawyer boo-boos, I shall report on the SJC’s decision finding that a district court abused its discretion by dismissing a c…