COVID-19 First Circuit Law Court Maine

Immediate Appeals of Temporary Restraining Orders? Not So Fast.

January 12, 2021 / March 4, 2026 by Pierce Atwood Litigation

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 […]

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Law Court Maine

Law Court Adopts Integrated Business Records Exception to Hearsay Rule

November 2, 2020 / March 4, 2026 by Pierce Atwood Litigation

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 […]

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COVID-19 Elections Law Court Maine Maine Constitution

Elections, COVID-19, and the Maine Constitution, Oh My!

October 27, 2020 / March 4, 2026 by Pierce Atwood Litigation

Late last week, the Law Court issued an important election law decision in Alliance for Retired Americans v. Secretary of State.  In its opinion, the Court held that Maine’s deadline for receiving absentee ballots (8:00 p.m. on election day) as well as the statutory provisions governing the validation of absentee ballots are not unconstitutional as […]

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Law Court Maine Maine Constitution

The Law Court’s Answer Is Yes, The Maine Constitution Does Still Matter

October 20, 2020 / March 4, 2026 by Pierce Atwood Litigation

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

So You Should Cross-Appeal To Preserve an Alternative Argument – But Should You Have To?

September 30, 2020 / March 4, 2026 by Pierce Atwood Litigation

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 […]

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Law Court Maine

When Do You Have to Seek a Stay in an 80C Appeal?

September 9, 2020 / March 4, 2026 by Pierce Atwood Litigation

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 […]

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Law Court Maine Oral Argument

Arguing from Afar: The New Reality of Zoom

August 5, 2020 / March 4, 2026 by Pierce Atwood Litigation

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 […]

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Cross-Appeals Law Court Maine

When in Doubt, Cross-Appeal!

June 22, 2020 / March 4, 2026 by Pierce Atwood Litigation

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 […]

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Law Court Maine

Challenging Interlocutory Decisions on Appeal – What Not to Do

May 27, 2020 / March 4, 2026 by Pierce Atwood Litigation

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. […]

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COVID-19 Law Court Maine

COVID-19 and Appellate Practice: A Maine Update

April 1, 2020 / March 4, 2026 by Pierce Atwood Litigation

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 […]

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