Maine Appeals – Page 4 – Pierce Atwood Blogs

June 13, 2023

Standing, Cross-Appeals, and Rule 80B

Cross-Appeals, Law Court, Maine

Authors:

Pierce Atwood Litigation

Practice area:

Maine law regarding cross-appeals has long been murky, and as a result that subject has often been the subject of commentary both at this blog (here and here, for instance) and elsewhere. The Law Court brought additional clarity in this area of the law in its recent decision in Tominsky v. Town of Ogunquit. In […]

May 17, 2023

Due Process, Retroactive Laws, and Vested Rights in Development Projects

Law Court, Maine, Maine Constitution

Authors:

Pierce Atwood Litigation

Practice area:

Last week marked the close of a major legal dispute under Maine law regarding the applicability of retroactive laws to development projects already under construction. The issue in the case was one of fundamental fairness: if a person obtains a valid permit under existing law and then in good faith expends significant sums building a […]

March 21, 2023

You Should Be Respectful (But You Don’t Have to Be)

Massachusetts

Authors:

Pierce Atwood Litigation

Practice area:

In an interesting parallel to the developments in the Maine Law Court that indicate a revival of state constitutional interpretation, the Massachusetts Supreme Judicial Court issued a noteworthy opinion examining the protections granted to free speech under the Commonwealth’s constitution. The case, Barron v. Kolenda, involved a town ordinance requiring all comments in public meetings […]

February 22, 2023

Respect the Process: Late Appeals and Wrongful Use of Civil Proceedings

Law Court, Maine

Authors:

Pierce Atwood Litigation

Practice area:

Last week the Law Court handed down two decisions relating to judicial process, addressing the time limits for notices of appeal and the situations in which relief can be sought for wrongful use of civil proceedings. In the first case, Witham v. Board of Trustees of the Maine Criminal Justice Academy, a petitioner challenging an […]

January 09, 2023

Is It Appropriate to Defer to Agency Interpretations under the Maine Constitution?

Maine, Maine Constitution

Authors:

Pierce Atwood Litigation

Practice area:

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 […]

November 17, 2022

District of Maine Judicial Conference

First Circuit

Authors:

Pierce Atwood Litigation

Practice area:

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 […]

October 13, 2022

The First Circuit Reframes Preemption

First Circuit

Authors:

Pierce Atwood Litigation

Practice area:

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 […]

August 23, 2022

The Dormant Commerce Clause and Discrimination in Illegal Interstate Markets

First Circuit

Authors:

Pierce Atwood Litigation

Practice area:

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 […]

July 18, 2022

A Summer Smorgasbord – Rule Changes, Constitutional Law, and Settlement Agreements

Appellate Briefs, Cross-Appeals, Law Court, Maine, Maine Constitution, Rules

Authors:

Pierce Atwood Litigation

Practice area:

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 […]

June 14, 2022

Proposed Amendments to the Maine Rules of Appellate Procedure

Appellate Briefs, Cross-Appeals, Law Court, Maine, Rules

Authors:

Pierce Atwood Litigation

Practice area:

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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Standing, Cross-Appeals, and Rule 80B

Due Process, Retroactive Laws, and Vested Rights in Development Projects

You Should Be Respectful (But You Don’t Have to Be)

Respect the Process: Late Appeals and Wrongful Use of Civil Proceedings

Is It Appropriate to Defer to Agency Interpretations under the Maine Constitution?

District of Maine Judicial Conference

The First Circuit Reframes Preemption

The Dormant Commerce Clause and Discrimination in Illegal Interstate Markets

A Summer Smorgasbord – Rule Changes, Constitutional Law, and Settlement Agreements

Proposed Amendments to the Maine Rules of Appellate Procedure