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April 10, 2018 by Heather Stevens
Last week the First Circuit re-heard the civil rights claim by Maine Gubernatorial candidate and ex-Speaker of the House Mark Eves against current Governor LePage. As we blogged recently, the District Court dismissed the claim; the First Circuit panel affirmed; and the full Court granted a motion for rehearing en banc in an order that […]
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March 29, 2018 by Heather Stevens
Recent decisions from the Supreme Court and Maine Law Court remind appellate jockeys of some important points when determining when a judgment is final and appealable. Certification Let’s start with Maine, and a decision about Rule 54 certification: Kittery Point Partners, LLC v. Bayview Loan Servicing, LLC, 2018 ME 35. This case involved one suit […]
March 26, 2018 by Heather Stevens
In homage to Stephen Hawking, let us discuss a recent regulatory takings case. While physical takings law is logical, and thus the legal equivalent to Newtonian physics, regulatory takings can make quantum physics look like a rational piece of cake. Recently, we blogged on a Business and Consumer Court ruling regarding the need to give […]
March 16, 2018 by Heather Stevens
A recent decision in the Business and Consumer Docket reminds us of a quirk in Maine law. In Harold MacQuinn, Inc. v. LaMoine, the Court stayed proceedings in a declaratory judgment action challenging the constitutionality of an ordinance, on the ground that the plaintiff had not served the Attorney General with a copy of the […]
February 28, 2018 by Heather Stevens
Yesterday, CJ Saufley gave her State of the Judiciary report to the Legislature: A Report to the Joint Convention of the Second Regular Session 128th Maine Legislature. In it she discussed, among other things, courthouse infrastructure, digitization of records and a Drug Court to deal with the opioid crisis. But let’s talk about the most important […]
February 23, 2018 by Heather Stevens
Mud season doldrums may be upon us, but there’s always appellate news to report. Mark your calendar for May 2 The Maine SJC is having another of its popular seminars on May 2, 2018, this time called “New Directions in Appellate Practice.” There was a big crowd at the last one, and this seminar is […]
February 21, 2018 by Heather Stevens
I am often asked by recent law school graduates, or those still in law school, what they should be doing to pursue a career in appellate law. I recently came upon this December 2017 article that discusses this issue: Kowarski, I. (Dec. 1, 2017) Pick the Right Law School for an Appellate Career, USNews.com The […]
February 8, 2018 by Heather Stevens
This recent decision from the First Circuit reminds us of the series of insurance company commercials where the actors discuss unusual situations and whether they were covered, noting that the insurer “has seen a thing or two.” Mu v. Omni Hotels Management Corp. In Mu, the panel (CJ Howard, Torruella and J. Barron, opnion by J. […]
January 26, 2018 by Heather Stevens
When you are a lesbian and co-workers call you the spectrum of nasty slurs for women generally and gay women, spit on you, shove you, and have the blood and brains of a suicide-attempt victim flung at you, among other things, is this discrimination because you are a woman, or because you are a gay […]
January 23, 2018 by Heather Stevens
In November 2016, the First Circuit issued a decision rejecting a civil rights claim filed by gubernatorial candidate Mark Eves against Governor LePage. Eves v. LePage, No. 16-1492 (1st Cir., 2016). Eves filed a motion for rehearing en banc. Now, over a year later, the Court granted that motion. What does it mean? The short answer […]
