Law Court Maine Maine Constitution
October 20, 2020 by Joshua Dunlap
Earlier this year, I asked a question on this blog: does the Maine Constitution, now in its 200th year, still matter? Shortly after, I offered a few reasons why it should still matter, including the Maine Constitution’s unique history, the nature of the state-federal relationship, and the doctrine of constitutional avoidance. In the early 1980s, […]
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Cross-Appeals Law Court Maine
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 […]
Law Court Maine
September 9, 2020 by Joshua Dunlap
The Law Court yesterday issued an interesting decision in the ongoing ranked choice voting litigation that will have a broad application to appeals of final agency actions under M.R. Civ. P. 80C. The decision clarifies when an automatic stay of a Superior Court judgment enters in a Rule 80C action. The answer, somewhat counterintuitively, is […]
Law Court Maine Oral Argument
August 5, 2020 / August 5, 2020 by Joshua Dunlap
There is a new reality for appellate practitioners that is here to stay (for a while): oral arguments before the Law Court via Zoom. There are of course downsides to this new reality; I’m a firm believer that in-person communication is superior to video communication for many of the same reasons that video communication is […]
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 […]
May 27, 2020 by Joshua Dunlap
The Law Court recently issued a short decision, Wilmington Savings Fund Society, FSB v. Abildgaard, which provides a reminder of the importance of taking the appropriate steps at trial to ensure that interlocutory orders can be challenged on appeal. On its facts, Abildgaard is fairly straightforward. Wilmington Savings Fund sought to foreclose on Abildgaard’s mortgage. […]
COVID-19 Law Court Maine Constitution
May 4, 2020 / May 1, 2020 by Joshua Dunlap
The coronavirus shut-down has been anything but a slow-down for this attorney-blogger, but it hasn’t entirely prevented me from continuing to muse about the Maine Constitution during its now-cancelled bicentennial celebration. So I thought I would give the Constitution a little more of the attention it is due, despite the coronavirus. (A welcome respite to […]
COVID-19 Law Court Maine
April 1, 2020 by Joshua Dunlap
I recently wrote about the orders affecting appellate practice during the COVID-19 pandemic, noting the importance of staying up to date with current developments. While those developments continue at a relentless pace, there was one I thought it particularly helpful to highlight here. The Maine Supreme Court recently issued a consolidated Pandemic Management Order. That […]
COVID-19 First Circuit Law Court Maine Massachusetts New Hampshire Rhode Island US Supreme Court
March 23, 2020 / April 3, 2020 by Joshua Dunlap
Holed up here in my home office like many of you, I thought it would be a helpful time to take stock of the current state of affairs in the courts of appeal during this pandemic. As with most of life, COVID-19 has disrupted normal operations, leaving all of us in a state of uncertainty. […]
March 3, 2020 / March 2, 2020 by Joshua Dunlap
On March 15, 2020, Maine turns 200 years old. For any Mainer, especially history buffs, the bicentennial is an occasion worth celebrating. For any legal beagle, the bicentennial is worth celebrating for an additional reason: Maine’s Constitution is also celebrating its 200th birthday. The Maine Constitution was adopted at convention on October 29, 1819, approved […]
