US Supreme Court
July 12, 2023 by Joshua Dunlap
The necessity of preserving issues for appeal can be a trap for the unwary, leaving litigants without recourse if they fail to take proper steps to preserve a particular argument. Near the end of its recent term, the Supreme Court made this requirement slightly less fraught. In Dupree v. Younger, the Court clarified that a […]
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Law Court Maine
June 26, 2023 by Joshua Dunlap
What is the proper remedy when a party challenges a municipal action under Rule 80B, but the court later determines that this was the wrong procedural vehicle to challenge the municipal action? In Hurricane Island Foundation v. Town of Vinalhaven, the Law Court took a pragmatic approach by treating the proceeding as a declaratory judgment […]
Cross-Appeals Law Court Maine
June 13, 2023 / June 14, 2023 by Joshua Dunlap
Maine law regarding cross-appeals has long been murky, and as a result that subject has often been the subject of commentary both at this blog (here and here, for instance) and elsewhere. The Law Court brought additional clarity in this area of the law in its recent decision in Tominsky v. Town of Ogunquit. In […]
Law Court Maine Maine Constitution
May 17, 2023 / May 18, 2023 by Joshua Dunlap
Last week marked the close of a major legal dispute under Maine law regarding the applicability of retroactive laws to development projects already under construction. The issue in the case was one of fundamental fairness: if a person obtains a valid permit under existing law and then in good faith expends significant sums building a […]
Massachusetts
March 21, 2023 by Joshua Dunlap
In an interesting parallel to the developments in the Maine Law Court that indicate a revival of state constitutional interpretation, the Massachusetts Supreme Judicial Court issued a noteworthy opinion examining the protections granted to free speech under the Commonwealth’s constitution. The case, Barron v. Kolenda, involved a town ordinance requiring all comments in public meetings […]
February 22, 2023 by Joshua Dunlap
Last week the Law Court handed down two decisions relating to judicial process, addressing the time limits for notices of appeal and the situations in which relief can be sought for wrongful use of civil proceedings. In the first case, Witham v. Board of Trustees of the Maine Criminal Justice Academy, a petitioner challenging an […]
Maine Maine Constitution
January 9, 2023 by Joshua Dunlap
The issue of whether courts should defer to an executive agency’s interpretation of a statute is a familiar one. Going back all the way to Marbury v. Madison, we know that courts decide the meaning of a statute. Courts therefore routinely decide how to interpret ambiguous statutes. But what happens when a statute is ambiguous […]
First Circuit
November 17, 2022 by Joshua Dunlap
I had the opportunity to attend the District of Maine Judicial Conference earlier this week, and it did not disappoint. It was the first one held in four years given the pandemic, and it was great to hear from practitioners and judges in person. My partner Nolan Reichl, along with Valerie Wicks, moderated a great […]
October 13, 2022 by Joshua Dunlap
Yesterday the First Circuit handed down a notable decision in Maine Forest Products Council v. Cormier, a case in which my firm represented the plaintiffs-appellees. In MFPC, plaintiffs challenged a state law barring non-resident workers from hauling logs within Maine under the federal H-2A visa program. The First Circuit concluded that plaintiffs demonstrated a substantial […]
August 23, 2022 by Joshua Dunlap
Last week the First Circuit reached an interesting conclusion: the U.S. Constitution prohibits states from adopting protectionist legislation affecting illegal interstate markets. The case, Northeast Patients Group v. United Cannabis Patients and Caregivers of Maine, involved a state law requiring officers and directors of medical marijuana dispensaries operating in Maine to be Maine residents. The […]
