Maine Appeals
Maine Appeals

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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 and First Circuit Court of Appeals relevant to Maine, and other participants in the Maine appellate community.

January 09, 2023

Is It Appropriate to Defer to Agency Interpretations under the Maine Constitution?
Maine, Maine Constitution
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The issue of whether courts should defer to an executive agency’s interpretation of a statute is a familiar one.  Going back all the way to Marbury v. Madison, we know that courts decide the meaning of a statute.  Courts therefore routinely decide how to interpret ambiguous statutes.  But what happens when a statute is ambiguous […]

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November 17, 2022

District of Maine Judicial Conference
First Circuit
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I had the opportunity to attend the District of Maine Judicial Conference earlier this week, and it did not disappoint.  It was the first one held in four years given the pandemic, and it was great to hear from practitioners and judges in person.  My partner Nolan Reichl, along with Valerie Wicks, moderated a great […]

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October 13, 2022

The First Circuit Reframes Preemption
First Circuit
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Yesterday the First Circuit handed down a notable decision in Maine Forest Products Council v. Cormier, a case in which my firm represented the plaintiffs-appellees.  In MFPC, plaintiffs challenged a state law barring non-resident workers from hauling logs within Maine under the federal H-2A visa program.   The First Circuit concluded that plaintiffs demonstrated a substantial […]

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August 23, 2022

The Dormant Commerce Clause and Discrimination in Illegal Interstate Markets
First Circuit
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Last week the First Circuit reached an interesting conclusion: the U.S. Constitution prohibits states from adopting protectionist legislation affecting illegal interstate markets.  The case, Northeast Patients Group v. United Cannabis Patients and Caregivers of Maine, involved a state law requiring officers and directors of medical marijuana dispensaries operating in Maine to be Maine residents.  The […]

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July 18, 2022

A Summer Smorgasbord – Rule Changes, Constitutional Law, and Settlement Agreements
Appellate Briefs, Cross-Appeals, Law Court, Maine, Maine Constitution, Rules
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It’s the middle of a beautiful Maine summer, a good time for a few quick hits on some interesting developments . . . First, as I previewed last month, new amendments to the Rules of Appellate Procedure became effective July 13.  The new rules streamline certain procedures (such as allowing electronic signatures), make a few […]

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June 14, 2022

Proposed Amendments to the Maine Rules of Appellate Procedure
Appellate Briefs, Cross-Appeals, Law Court, Maine, Rules
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The Advisory Committee on the Maine Rules of Appellate Procedure, of which I am a member, has been working with the SJC on potential changes to the rules.  The Court has made the proposals publicly available, and has invited public comment.  The deadline for any comments is July 1. A quick summary of key changes […]

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June 02, 2022

Covid-19, Emergency Pandemic Orders, and Force Majeure
COVID-19, Law Court, Maine
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The Law Court recently weighed in on a trending legal issue – the extent to which Covid-19 restrictions trigger “force majeure” contract clauses.  In 55 Oak Street LLC v. RDR Enterprises, Inc., the Law Court considered the applicability of a force majeure clause in the context of emergency pandemic orders. In what is a very […]

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April 25, 2022

Due Process, Preliminary Injunctions, and Final Judgments
Law Court, Maine
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The Court recently clarified an important issue of civil procedure – the precise point at which a court may consolidate a preliminary injunction hearing with a hearing on the merits. Rule 65 of the Maine Rules of Civil Procedure provides that a court may consolidate a preliminary injunction hearing with a trial on the merits […]

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March 16, 2022

The Rebirth of State Constitutionalism Continues
Law Court, Maine, Maine Constitution
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One of the most interesting trends in the Law Court’s jurisprudence (at least in the mind of this blogger) is the continued renaissance of the Court’s primacy doctrine – an issue addressed before on this blog.  As explained in two prior blog posts (here and here), the primacy doctrine, generally speaking, directs state courts to […]

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February 01, 2022

Can You Enforce an Online Contract In Maine? It Depends.
First Circuit, Law Court
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The Law Court recently weighed in on a matter of critical importance – the enforceability of online consumer contracts.  Confronting the issue in a case involving ride-sharing giant Uber’s efforts to enforce an arbitration provision, the Law Court held in Sarchi v. Uber Technologies that online contracts are enforceable only if the consumer (1) has […]

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