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 […]
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Appellate Briefs Cross-Appeals Law Court Maine Maine Constitution Rules
July 18, 2022 by Joshua Dunlap
It’s the middle of a beautiful Maine summer, a good time for a few quick hits on some interesting developments . . . First, as I previewed last month, new amendments to the Rules of Appellate Procedure became effective July 13. The new rules streamline certain procedures (such as allowing electronic signatures), make a few […]
Appellate Briefs Cross-Appeals Law Court Maine Rules
June 14, 2022 / June 29, 2022 by Joshua Dunlap
The Advisory Committee on the Maine Rules of Appellate Procedure, of which I am a member, has been working with the SJC on potential changes to the rules. The Court has made the proposals publicly available, and has invited public comment. The deadline for any comments is July 1. A quick summary of key changes […]
November 17, 2021 / November 17, 2021 by Joshua Dunlap
Yesterday the Law Court, in an opinion written by Justice Connors, Concord General Mutual Ins. Co. v. Estate of Collette J. Boure, touched on two important appellate issues – one of which has been addressed often on this blog. The issues involve timeliness of an appeal and the need for cross-appeals. The case involved claims […]
October 19, 2021 by Joshua Dunlap
Much has been said on this blog about when one should cross-appeal, given the Law Court’s jurisprudence on the topic. I most recently addressed the issue here. As I noted then, there is some tension between the text of the Maine Rules of Appellate Procedure, which provides that “[i]f the appellee seeks any change in […]
September 30, 2020 / October 5, 2020 by Joshua Dunlap
I recently blogged about the need to file a cross-appeal of a favorable judgment in order to preserve an argument that provides alternate grounds for affirmance at the Law Court. As I noted, the Court has declined to reach alternative arguments for affirmance where the prevailing party did not cross-appeal. The Law Court recently did […]
June 22, 2020 / June 19, 2020 by Joshua Dunlap
The Law Court recently addressed an issue of great importance to appellate practitioners: does a party need to cross-appeal a favorable judgment in order to preserve an argument providing alternate grounds for affirmance, when the lower court rejected that argument? The answer, per the Law Court’s decision, is “yes.” As the Law Court’s decision makes […]
