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February 5, 2020 by Cathy Connors
So, as some of my loyal readers may have heard, I am off to other adventures. After 11+ years of beavering away on this blog, commenting on “interesting” decisions emanating from the Maine Supreme Judicial Court, it looks like I will now be participating in issuing those “interesting” opinions. Let’s hope those black robes are […]
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December 20, 2019 by Cathy Connors
As our last entry this year before heading off for the holidays, let’s take a look at a recent First Circuit decision in a Maine criminal case with a rare holding that the trial court abused its discretion in an evidentiary ruling, and the error wasn’t harmless. US v. Kilmartin, No. 18-1513 (Dec. 6, 2019). […]
December 4, 2019 by Cathy Connors
The judge I clerked for, John Grady (ND Ill) died this week. I’ve mentioned him in this blog before (From Ulane to Hively, Woman on a wall). He was a great guy, in many ways. In 2015, when he retired from the bench, his former clerks put together a book of letters we wrote to […]
November 20, 2019 by Cathy Connors
Perusing recent opinions, we came upon a bankruptcy case in the First Circuit of some interest, In re: Palladino 17-1334. Steven and Lori Palladino sent their child, Nicole, to Sacred Heart University, a private Roman Catholic university in Connecticut, whose values, according to its web site, include pursuit of truth, promotion of the common good, […]
October 31, 2019 / October 29, 2019 by Cathy Connors
We’re back! Oral argument On to a presentation on oral argument from our friend Mark Fleming at WilmerHale – how can practitioners optimize their performances so judges will want arguments? First, the moot. One point Mark made was the usefulness of having someone there to take notes, since if you are being mooted, you may […]
October 28, 2019 by Cathy Connors
I have just returned from a meeting of the American Academy of Appellate Lawyers in my old stomping grounds, Chicago. It was particularly engaging in terms of subject matter (as well as giving me the opportunity to eat a REAL pizza again). Here’s part one of my take-aways. Storied justice The first session was about […]
October 17, 2019 by Cathy Connors
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 on the first Monday in October by the Supreme Court. So let’s get back to […]
August 21, 2019 / August 22, 2019 by Cathy Connors
In a split 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 a “Hazelnut Crème” coffee. The plaintiff sued because the coffee contains no nut – it’s […]
July 30, 2019 by Cathy Connors
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 29, 2019). The Order certifies a question to the Massachusetts SJC on an issue of […]
June 27, 2019 / June 21, 2019 by Cathy Connors
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 Howard, and Judges Torruella, Stahl, Lynch, Thompson and Barron (Judge Kayatta recused). There were two opinions, […]
