Maine Appeals
Maine Appeals

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In 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.

October 02, 2024

New Amendments to the Maine Rules of Appellate Procedure
Appellate Briefs, Law Court, Maine, Rules
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The Supreme Judicial Court has adopted amendments to the Maine Rules of Appellate Procedure, which will become effective on November 1. These rules reflect a significant amount of work by the Maine Appellate Rules Committee, of which I currently have the honor of serving as chair. The amendments introduce changes that should substantially benefit practitioners […]

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September 30, 2024

Interlocutory Appeals – Navigating the Pitfalls
Interlocutory Appeals, Law Court, Maine
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Generally speaking, under the ‘final judgment rule,’ a party can only appeal a final judgment—a decision that fully decides and disposes of the whole case, leaving no further questions for future consideration. This judicial doctrine, however, is subject to exceptions. In certain circumstances, a party may be able to take an interlocutory appeal of a […]

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August 26, 2024

Legislators, Standing, and the Courts
Law Court, Maine
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Disputes between members of different branches of government frequently raise thorny issues—and standing is often one of them. The Maine Law Court tackled the issue of legislator standing in its recent decision in Clardy v. Jackson, its first pronouncement on the issue. Some background: in 2024, partisan disputes over the state budget led to a […]

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July 11, 2024

Overruling Chevron Changes Everything. Or Not.
Maine, US Supreme Court
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As I previously noted on this blog, the end of the Supreme Court’s term brought with it a landmark decision in Loper Bright Enterprises v. Raimondo, which overruled Chevron v. Natural Resources Defense Council. The holding of Loper Bright is clear: courts are no longer required to defer to agency interpretations of ambiguous statutes. But […]

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June 28, 2024

Chevron Is Dead. Does It Still Live in Maine?
Maine, US Supreme Court
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In a landmark decision, the Supreme Court today overruled Chevron v. Natural Resources Defense Council, which held that courts should defer to an agency’s reasonable interpretation of an ambiguous statute. In Loper Bright Enterprises v. Raimondo, the Court held that the Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether an […]

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April 01, 2024

Dictionaries and the Law – Hunting, Poaching, and the Right to Food
Law Court, Maine, Maine Constitution
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The Law Court’s recent decision in Parker v. Department of Inland Fisheries & Wildlife is fascinating—it is a rare instance when the Court has been called upon to interpret and apply a new constitutional provision. The Maine Constitution has had relatively few amendments, but in 2021 Maine voters approved a “Right to Food Amendment.” Parker […]

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March 18, 2024

Proposed Amendments to Maine Rules of Appellate Procedure
Law Court, Maine, Rules
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The Appellate Rules Committee, of which I am currently chair, has been busy considering various amendments to the rules. The Committee has recommended certain changes, and the Supreme Judicial Court has now proposed amendments to the rules and invited public comment. The biggest change is one that will hopefully be a significant benefit to attorneys […]

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February 20, 2024

Procedure, Not Politics
Elections, Law Court, Maine
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Amid the intense coverage of the Colorado ballot exclusion case that was the subject of oral argument before the Supreme Court earlier this month, the Law Court’s decision in Trump v. Secretary of State on a parallel appeal of the Maine Secretary of State’s decision to bar Donald Trump from the ballot has garnered comparatively […]

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January 24, 2024

When Should Prior Precedent Be Overruled?
Law Court, Maine
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With debates over the application of stare decisis taking center stage in recent Supreme Cout arguments regarding the viability of Chevron deference—an issue which we will likely revisit in June—it was notable that the Law Court recently engaged in its own heated debate over that doctrine in Finch v. U.S. Bank, N.A. I recently blogged […]

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January 15, 2024

The Court as Casino No More: Law Court Ends Stringent Foreclosure Rule
Law Court, Maine
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The Law Court has dramatically reshaped foreclosure law in Maine, ending the Court’s outlier position regarding the effect of a defective notice of default.  In Finch v. U.S. Bank, N.A., the Court held that, when a lender fails to comply with the notice requirements of 14 M.R.S. § 6111 prior to initiating a foreclosure action, […]

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