Maine Appeals

Category: Uncategorized

Sometimes you feel like a nut

August 21, 2019 / August 22, 2019 by Cathy Connors

In a split decision, the First Circuit reversed a dismissal of a putative class action in a Massachusetts consumer protection case. Dumond v. Reily Foods Co., No. 18-2055 (1st Cir. Aug. 8, 2019) The defendant New England Coffee Company sells a “Hazelnut Crème” coffee. The plaintiff sued because the coffee contains no nut – it’s […]

Shall we cultivate our garden?

July 30, 2019 by Cathy Connors

We are in the summer doldrums in terms of issuance of decisions, but an interesting Order came down dated yesterday and appearing today on the First Circuit’s website – Thompson v. JP Morgan Chase, NA, No. 18-1559 (1st Circ., July 29, 2019). The Order certifies a question to the Massachusetts SJC on an issue of […]

Good Eve-ning, lights out

June 27, 2019 / June 21, 2019 by Cathy Connors

At long last, the First Circuit has issued its en banc decision in Eves v. LePage. Cutting to the chase, the Court affirmed Judge Singal’s dismissal of the action on qualified immunity grounds. Six judges heard the case: CJ Howard, and Judges Torruella, Stahl, Lynch, Thompson and Barron (Judge Kayatta recused). There were two opinions, […]

Take that, precedent!

June 24, 2019 / June 21, 2019 by Cathy Connors

The big decisions from the Supreme Court are coming fast, and in the takings jurisprudence world, the one issued on Friday was a biggie, overruling Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985) – Knick v. Township of Scott, PA, No. 17-647 (U.S. S.C., June 21, 2019). We’ve […]

Maine’s new ISP privacy law and the enforcement conundrum

June 21, 2019 by Cathy Connors

Maine’s new privacy law regarding broadband internet service providers, An Act To Protect the Privacy of Online Customer Information (LD 946, to be codified at 35-A M.R.S. c. 94), billed as the strictest in the nation, has gotten a lot of press. E.g., Gov. Mills signs nation’s strictest internet privacy protection bill, www.pressherald.com, June 6, […]

When are declarations independent?

June 13, 2019 by Cathy Connors

The Law Court recently decided a Rule 80B case and so, of course we must discuss. Cape Shore House Owners Association v. Town of Cape Elizabeth, https://www.courts.maine.gov/opinions_orders/supreme/lawcourt/2019/19me086.pdf. The facts are simple, and I streamline them further to focus only on what matters for the purpose of my musings: X sought a permit; the ZBA […]

1 ½ – Show me!

May 8, 2019 by Cathy Connors

Well, we’ve been humongously busy, but c’est la vie. One stop we made was to the conference of the American Academy of Appellate Lawyers in Philadelphia. Donald Macomber was also there from the AG’s office, and there were lots of solid presentations (and what a great town – my first visit). One interesting thing I […]

A quickie blog re appellate seminar

March 15, 2019 / March 13, 2019 by Cathy Connors

Well, that last posted blog entry was so exhausting, here’s something short and snappy: The First Circuit has posted the program for the criminal appellate practice seminar we previously blogged about (Mark your calendar – May 15, 2019): Federal Criminal Appellate Practice Seminar Program For we civil practitioners, the agenda looks pretty criminal-centric, but the […]

The Knicks again, and the jury is out in Massachusetts and in in Maine – or is it?

March 12, 2019 by Cathy Connors

The Massachusetts Appeals Court recently issued a regulatory takings decision with relevance to us in Maine given our State’s unique relationship to the Commonwealth. Smyth v. Conservation Commission of Falmouth, 94 Mass. App. Ct. 790. Kudos to Pierce Atwood’s Michelle O’Brien and Nicholas Brown for prevailing in this appeal. Among other things, in Smyth, the […]

Promesa, Promesa

February 20, 2019 by Heather Stevens

On December 4, 2018 we blogged about the oral argument in this appeal involving the constitutionality of federal legislation enacted to address Puerto Rico’s restructuring. (CLASH OF THE TITANS) The question was whether the people appointed to the oversight board had to be appointed by the President with the advice and consent of the Senate. […]