Maine Appeals
Maine Appeals

About

In this blog, we seek to discuss issues relating to appeals and appellate law in Maine, including the activities and decisions of the Maine Supreme Judicial Court, the First Circuit Court of Appeals relevant to Maine, and other participants in the Maine appellate community.

October 29, 2018

Judicial conference 2018 – old and new, and in praise of Judge Hornby
Uncategorized
Authors:
Practice area:

I (a reader suggested that I stop using the royal we) attended the federal judicial conference at the Samoset last week.  The topic du jour was social media, so that was the new.  The conference closed with observations from two district court judges, Judges Hornby and Singal, who have been on the bench for many […]

Continue Reading

October 17, 2018

Is the cross-appeal question finally answered definitively?
Uncategorized
Authors:
Practice area:

We have previously blogged – many times- on the question when one must file a cross-appeal to assert alternative grounds to support a judgment: Cross-Appeals again; Alternate grounds support a judgment? Cross-Appeal!; New rules; When in doubt, cross it out; Follow up. The Law Court recently issued a decision that we hope definitively answers this […]

Continue Reading

September 28, 2018

Takings law – exhausted or just exhausting?
Uncategorized
Authors:
Practice area:

The Supreme Court has granted certiorari this term to re-consider the ripeness requirement for a claim for just compensation, first articulated in in Williamson County Regional Planning Commission v. Hamilton Bank, 473 U.S. 172 (1985).  Knick v. Town of Scott, Pennsylvania, No. 17-647.  Interestingly, the Court decided to go right to the jugular, deciding whether the […]

Continue Reading

September 24, 2018

Brew your own beer – right in your tummy!
Uncategorized
Authors:
Practice area:

Autumn is in the air, which means the Law Court’s fancy turns to riding the circuit, visiting high schools in its annual October Tour O’Maine to hear argument. This year’s crop of appeals appears fairly pedestrian, except for one scheduled to be heard on October 25, at the Wells High School: State of Maine v. […]

Continue Reading

September 11, 2018

Hardy Mainers?
Uncategorized
Authors:
Practice area:

If you take off your jacket on your front porch while a police officer is in your driveway following up on a suspected motor vehicle violation, does that mean the police can search that jacket if you’re wearing a sleeveless blouse underneath and the temperature is 34 degrees? Four SJC Justices upheld the search; three […]

Continue Reading

August 21, 2018

Crime and Punishment
Uncategorized
Authors:
Practice area:

Two seemingly unrelated recent decisions, one in the First Circuit and the other by the Law Court, consider the potential inadequacies of our current criminal justice system to address current social issues:  (1)  U.S. v. Sirois, No. 17-1797  and (2) State of Maine v. J.R., 2018 ME. Sirois In Sirois, after release from federal custody […]

Continue Reading

August 14, 2018

Is the Hotel California covered in lead paint?
Uncategorized
Authors:
Practice area:

It may be the summer doldrums in terms of issuing decision, but an interesting petition for cert was filed last week that may have a decent chance of being granted.  ConAgra Grocery Products Co. and NL Industries, Inc. v. People of California. It certainly has firepower behind it, with Paul Clement as Counsel of Record, along […]

Continue Reading

July 31, 2018

The First Amendment is different.
Uncategorized
Authors:
Practice area:

Playing catch up in our perusal of recent First Circuit and Law Court decisions, a First Circuit decision involving a defamation claim caught our eye. Sindi v. El-Moslimany, No. 16-2347.  The panel were Judges Barron, Selya and Stahl. Judge Selya wrote the majority decision for himself and Judge Stahl, with Judge Barron dissenting in part. […]

Continue Reading

July 25, 2018

Alexander V
Uncategorized
Authors:
Practice area:

Well, we had a little hiatus while we were sucked into a whirlpool of briefing and other activity, but things have calmed down now, and as a nice present waiting for me was Justice Alexander’s Fifth edition of Maine Appellate Practice.  This edition talks about the new rules, and so if you’ve been skipping an […]

Continue Reading

June 15, 2018

No ping pong and no dope
Uncategorized
Authors:
Practice area:

We may be entering the summer vacation period (although the Law Court I am told is having a July argument session), but I’ve been busy as a beaver. But with time now to breathe, here are a couple of recent decisions of note interpreting Maine law, one from the First Circuit and the other from […]

Continue Reading

To top