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 […]
Read more »
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 […]
Law Court Maine
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 […]
Maine US Supreme Court
July 11, 2024 by Joshua Dunlap
As I previously noted on this blog, the end of the Supreme Court’s term brought with it a landmark decision in Loper Bright Enterprises v. Raimondo, which overruled Chevron v. Natural Resources Defense Council. The holding of Loper Bright is clear: courts are no longer required to defer to agency interpretations of ambiguous statutes. But […]
June 28, 2024 / June 28, 2024 by Joshua Dunlap
In a landmark decision, the Supreme Court today overruled Chevron v. Natural Resources Defense Council, which held that courts should defer to an agency’s reasonable interpretation of an ambiguous statute. In Loper Bright Enterprises v. Raimondo, the Court held that the Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether an […]
Law Court Maine Maine Constitution
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 […]
January 24, 2024 by Joshua Dunlap
With debates over the application of stare decisis taking center stage in recent Supreme Cout arguments regarding the viability of Chevron deference—an issue which we will likely revisit in June—it was notable that the Law Court recently engaged in its own heated debate over that doctrine in Finch v. U.S. Bank, N.A. I recently blogged […]
January 15, 2024 / January 12, 2024 by Joshua Dunlap
The Law Court has dramatically reshaped foreclosure law in Maine, ending the Court’s outlier position regarding the effect of a defective notice of default. In Finch v. U.S. Bank, N.A., the Court held that, when a lender fails to comply with the notice requirements of 14 M.R.S. § 6111 prior to initiating a foreclosure action, […]
