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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Law Court Maine Maine Constitution
May 17, 2023 / May 18, 2023 by Joshua Dunlap
Last week marked the close of a major legal dispute under Maine law regarding the applicability of retroactive laws to development projects already under construction. The issue in the case was one of fundamental fairness: if a person obtains a valid permit under existing law and then in good faith expends significant sums building a […]
Law Court Maine
February 22, 2023 by Joshua Dunlap
Last week the Law Court handed down two decisions relating to judicial process, addressing the time limits for notices of appeal and the situations in which relief can be sought for wrongful use of civil proceedings. In the first case, Witham v. Board of Trustees of the Maine Criminal Justice Academy, a petitioner challenging an […]
Maine Maine Constitution
January 9, 2023 by Joshua Dunlap
The issue of whether courts should defer to an executive agency’s interpretation of a statute is a familiar one. Going back all the way to Marbury v. Madison, we know that courts decide the meaning of a statute. Courts therefore routinely decide how to interpret ambiguous statutes. But what happens when a statute is ambiguous […]
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 […]
COVID-19 Law Court Maine
June 2, 2022 by Joshua Dunlap
The Law Court recently weighed in on a trending legal issue – the extent to which Covid-19 restrictions trigger “force majeure” contract clauses. In 55 Oak Street LLC v. RDR Enterprises, Inc., the Law Court considered the applicability of a force majeure clause in the context of emergency pandemic orders. In what is a very […]
April 25, 2022 by Joshua Dunlap
The Court recently clarified an important issue of civil procedure – the precise point at which a court may consolidate a preliminary injunction hearing with a hearing on the merits. Rule 65 of the Maine Rules of Civil Procedure provides that a court may consolidate a preliminary injunction hearing with a trial on the merits […]
March 16, 2022 by Joshua Dunlap
One of the most interesting trends in the Law Court’s jurisprudence (at least in the mind of this blogger) is the continued renaissance of the Court’s primacy doctrine – an issue addressed before on this blog. As explained in two prior blog posts (here and here), the primacy doctrine, generally speaking, directs state courts to […]
COVID-19 First Circuit Law Court Maine
January 18, 2022 by Joshua Dunlap
Around this time last year, I took a look at statistics showing that the filing of new civil appeals had declined in federal courts and in Maine. As I observed then, the 2020 statistics had not yet fully captured the impact of the pandemic on appeals and civil appeal statistics would bear monitoring. I decided […]
