March 23, 2010 / June 15, 2016 by mindgrub
Last Wednesday the Senate confirmed O. Rogeriee Thompson 98-0 as the First Circuit's newest member, taking Judge Selya's seat. She is the second woman and the first African-American on the...
Read more »
March 18, 2010 / June 15, 2016 by mindgrub
The First Circuit issued an en banc decision last week construing the meaning of the word "make" in SEC Rule 10b-5(b). SEC v. Tambone, 07-1384, http://www.ca1.uscourts.gov/ The issue was w...
March 17, 2010 / June 15, 2016 by mindgrub
I always learn something new even from the most straightforward decisions. In a case involving a common law trespass claim relating to neighbors who, putting it midly Do Not Get Along, I le...
March 12, 2010 / June 15, 2016 by mindgrub
Yesterday the Maine SJC issued a handful of decisions, including State v. Blakesley, 2010 ME 19 [http://www.courts.state.me.us/court_info/opinions/2010%20documents/10me19bl.pdf], in which th...
March 6, 2010 / June 15, 2016 by mindgrub
On Thursday, the Maine SJC denied Husson University's application to circumvent the Maine Bar Admission rule requiring graduation from an ABA accredited law school to be eligible to take the...
March 3, 2010 / June 15, 2016 by mindgrub
The Jan/Feb 2010 copy of the ABA's Landslide magazine has an interesting article by Roy E. Hofer called "Supreme Court Reversal rates: Evaluating the Federal Court of Appeals." He goes thr...
March 2, 2010 / June 15, 2016 by mindgrub
On April 27, I will be in Chicago speaking on a panel at my old alma mater, Northwestern University (I am a double wildcat - both undergraduate and law school). The subject matter is the Ex...
February 23, 2010 / June 15, 2016 by mindgrub
A unanimous Supreme Court in Hertz Corp. v. Friend adopted the "nerve center" test today for citizenship under 28 U.S.C. s1332. http://www.supremecourtus.gov/opinions/09pdf/08-1107.pdf Ba...
February 22, 2010 / June 15, 2016 by mindgrub
The SJC issued a rather straightforward decision that, per usual, has led to musings on more difficult situations. MSAD 37 v. Pineo, 2010 ME 11. [http://www.courts.state.me.us/court_info/...
February 17, 2010 / June 15, 2016 by mindgrub
So last week I lost an appeal. I'm not going to blog on that case because there is nothing one can say in this situation that puts one in a positive light. It's over, the ice cream cone is...