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October 17, 2018 by Heather Stevens
We have previously blogged – many times- on the question when one must file a cross-appeal to assert alternative grounds to support a judgment: Cross-Appeals again; Alternate grounds support a judgment? Cross-Appeal!; New rules; When in doubt, cross it out; Follow up. The Law Court recently issued a decision that we hope definitively answers this […]
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September 28, 2018 by Heather Stevens
The Supreme Court has granted certiorari this term to re-consider the ripeness requirement for a claim for just compensation, first articulated in in Williamson County Regional Planning Commission v. Hamilton Bank, 473 U.S. 172 (1985). Knick v. Town of Scott, Pennsylvania, No. 17-647. Interestingly, the Court decided to go right to the jugular, deciding whether the […]
September 24, 2018 by Heather Stevens
Autumn is in the air, which means the Law Court’s fancy turns to riding the circuit, visiting high schools in its annual October Tour O’Maine to hear argument. This year’s crop of appeals appears fairly pedestrian, except for one scheduled to be heard on October 25, at the Wells High School: State of Maine v. […]
September 11, 2018 by Heather Stevens
If you take off your jacket on your front porch while a police officer is in your driveway following up on a suspected motor vehicle violation, does that mean the police can search that jacket if you’re wearing a sleeveless blouse underneath and the temperature is 34 degrees? Four SJC Justices upheld the search; three […]
August 21, 2018 by Heather Stevens
Two seemingly unrelated recent decisions, one in the First Circuit and the other by the Law Court, consider the potential inadequacies of our current criminal justice system to address current social issues: (1) U.S. v. Sirois, No. 17-1797 and (2) State of Maine v. J.R., 2018 ME. Sirois In Sirois, after release from federal custody […]
August 14, 2018 by Heather Stevens
It may be the summer doldrums in terms of issuing decision, but an interesting petition for cert was filed last week that may have a decent chance of being granted. ConAgra Grocery Products Co. and NL Industries, Inc. v. People of California. It certainly has firepower behind it, with Paul Clement as Counsel of Record, along […]
July 31, 2018 / July 26, 2018 by Heather Stevens
Playing catch up in our perusal of recent First Circuit and Law Court decisions, a First Circuit decision involving a defamation claim caught our eye. Sindi v. El-Moslimany, No. 16-2347. The panel were Judges Barron, Selya and Stahl. Judge Selya wrote the majority decision for himself and Judge Stahl, with Judge Barron dissenting in part. […]
July 25, 2018 by Heather Stevens
Well, we had a little hiatus while we were sucked into a whirlpool of briefing and other activity, but things have calmed down now, and as a nice present waiting for me was Justice Alexander’s Fifth edition of Maine Appellate Practice. This edition talks about the new rules, and so if you’ve been skipping an […]
June 15, 2018 by Heather Stevens
We may be entering the summer vacation period (although the Law Court I am told is having a July argument session), but I’ve been busy as a beaver. But with time now to breathe, here are a couple of recent decisions of note interpreting Maine law, one from the First Circuit and the other from […]
May 22, 2018 by Heather Stevens
The Maine SJC held its every-few-years conference on appellate practice in Maine on May 2. Of course we were there, so here’s the run down. A big chunk of time was spent on e-filing –when it’s coming, where, how it will work. Privacy is the key issue. Given that state courts are the forum for […]
