Law Court Maine
April 15, 2025 by Joshua Dunlap
The Law Court recently issued a decision in Eastern Maine Conservation Initiative v. Board of Environmental Protection that contains an enlightening discussion of what an agency must consider—as opposed to what an agency may consider—in issuing a permit. In so doing, it adopted an important limit on how far agencies must go in reviewing a […]
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February 24, 2025 by Joshua Dunlap
Earlier this month, the Law Court weighed in on a hot-button legal issue—the potential liability of opioid manufacturers for the costs of the drug epidemic. In Eastern Maine Medical Center v. Walgreen Company, the Law Court affirmed a decision granting a motion to dismiss hospitals’ claims for negligence, public nuisance, unjust enrichment, fraud and negligent […]
Law Court Maine Maine Constitution
January 28, 2025 by Joshua Dunlap
In recent years, numerous state courts across the country have been asked to consider the question whether a plaintiff’s claim can be retroactively revived by the legislature after the claim has been extinguished by a statute of limitations. The Law Court, in Dupuis v. Roman Catholic Bishop of Portland, has now addressed that question in […]
December 10, 2024 by Joshua Dunlap
The distinction between unjust enrichment claims and quantum meruit claims have long bedeviled courts and practitioners. In Core Finance Team Affiliates v. Maine Medical Center, the Law Court provided important guidance regarding the differences between these claims while leaving open a difficult question relating to the implications of pursuing one claim but not the other. […]
Appellate Briefs Law Court Maine Rules
October 2, 2024 by Joshua Dunlap
The Supreme Judicial Court has adopted amendments to the Maine Rules of Appellate Procedure, which will become effective on November 1. These rules reflect a significant amount of work by the Maine Appellate Rules Committee, of which I currently have the honor of serving as chair. The amendments introduce changes that should substantially benefit practitioners […]
Interlocutory Appeals Law Court Maine
September 30, 2024 by Joshua Dunlap
Generally speaking, under the ‘final judgment rule,’ a party can only appeal a final judgment—a decision that fully decides and disposes of the whole case, leaving no further questions for future consideration. This judicial doctrine, however, is subject to exceptions. In certain circumstances, a party may be able to take an interlocutory appeal of a […]
August 26, 2024 by Joshua Dunlap
Disputes between members of different branches of government frequently raise thorny issues—and standing is often one of them. The Maine Law Court tackled the issue of legislator standing in its recent decision in Clardy v. Jackson, its first pronouncement on the issue. Some background: in 2024, partisan disputes over the state budget led to a […]
April 1, 2024 / March 29, 2024 by Joshua Dunlap
The Law Court’s recent decision in Parker v. Department of Inland Fisheries & Wildlife is fascinating—it is a rare instance when the Court has been called upon to interpret and apply a new constitutional provision. The Maine Constitution has had relatively few amendments, but in 2021 Maine voters approved a “Right to Food Amendment.” Parker […]
Law Court Maine Rules
March 18, 2024 by Joshua Dunlap
The Appellate Rules Committee, of which I am currently chair, has been busy considering various amendments to the rules. The Committee has recommended certain changes, and the Supreme Judicial Court has now proposed amendments to the rules and invited public comment. The biggest change is one that will hopefully be a significant benefit to attorneys […]
Elections Law Court Maine
February 20, 2024 by Joshua Dunlap
Amid the intense coverage of the Colorado ballot exclusion case that was the subject of oral argument before the Supreme Court earlier this month, the Law Court’s decision in Trump v. Secretary of State on a parallel appeal of the Maine Secretary of State’s decision to bar Donald Trump from the ballot has garnered comparatively […]
