Cross-Appeals Law Court Maine
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 […]
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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 […]
Elections Law Court Maine
August 18, 2021 by Joshua Dunlap
The Law Court recently issued a decision in Caiazzo v. Secretary of State that was interesting on several levels. (Full disclosure: this blogger represented the petitioner in the appeal). One procedural aspect of the decision is particularly interesting, as it will affect the timing of future challenges to the Secretary of State’s determination regarding the […]
Law Court Maine
July 12, 2021 / July 9, 2021 by Joshua Dunlap
What is the remedy in an administrative appeal when the fact-finder doesn’t do its job by making findings of fact to explain its decision? As the Law Court recently reaffirmed in Fair Elections Portland, Inc. v. City of Portland, the proper remedy is generally a remand for further proceedings. Fair Elections Portland involved a Rule […]
May 26, 2021 by Joshua Dunlap
It isn’t every day that the Law Court addresses claims of civil conspiracy or aiding and abetting breaches of fiduciary duty, but that is exactly what the court did in Meridian Medical Systems, LLC v. Epix Therapeutics, Inc. – with a bit of literary allusion thrown in. In Meridian, the Court clearly stated for the […]
April 22, 2021 by Joshua Dunlap
In a recent blog post, I explored the application of the final judgment rule to appeals from preliminary injunction orders in state court. As I noted, the Law Court has recently applied the “death knell” exception to that rule to hear an interlocutory appeal regarding a preliminary injunction. In two other recent cases, the Law […]
March 4, 2021 / March 4, 2021 by Joshua Dunlap
As recently noted on this blog, parties can appeal a preliminary injunction order in federal court under 28 U.S.C. § 1292 – but, typically, the same right of appeal is not available under Maine law. As stated in Sanborn v. Sanborn, “an order granting or denying a motion for a preliminary injunction is not a […]
COVID-19 First Circuit Maine
February 1, 2021 by Joshua Dunlap
Chief Justice Roberts recently issued his year-end report on the federal judiciary, appropriately focusing on the effects of the COVID-19 pandemic. The Chief Justice noted that 2020 ended with the judiciary in much the same situation as when the American court system began – in the midst of a public health crisis. In 1790, it […]
COVID-19 First Circuit Law Court Maine
January 12, 2021 by Joshua Dunlap
Interlocutory appeals, including those relating to injunctive relief, often present traps for the unwary. In state court in Maine, parties typically cannot appeal an order granting or denying a motion for preliminary injunction. The Law Court has so held in numerous cases, including Sanborn v. Sanborn. In federal court, by contrast, it is possible to […]
November 2, 2020 / October 29, 2020 by Heather Stevens
Late last week, the Law Court unequivocally adopted the integrated business records exception to the hearsay rule under Rule 803(6) of the Maine Rules of Evidence in The Bank of New York Mellon v. Shone. It held: “[A] record that one business has received from another is admissible under Rule 803(6) without testimony about the […]
