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

February 01, 2021

Appellate Trends During the COVID-19 Pandemic
COVID-19, First Circuit, Maine
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Chief Justice Roberts recently issued his year-end report on the federal judiciary, appropriately focusing on the effects of the COVID-19 pandemic.  The Chief Justice noted that 2020 ended with the judiciary in much the same situation as when the American court system began – in the midst of a public health crisis.  In 1790, it […]

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January 12, 2021

Immediate Appeals of Temporary Restraining Orders? Not So Fast.
COVID-19, First Circuit, Law Court, Maine
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Interlocutory appeals, including those relating to injunctive relief, often present traps for the unwary.  In state court in Maine, parties typically cannot appeal an order granting or denying a motion for preliminary injunction.  The Law Court has so held in numerous cases, including Sanborn v. Sanborn.  In federal court, by contrast, it is possible to […]

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November 02, 2020

Law Court Adopts Integrated Business Records Exception to Hearsay Rule
Law Court, Maine
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Late last week, the Law Court unequivocally adopted the integrated business records exception to the hearsay rule under Rule 803(6) of the Maine Rules of Evidence in The Bank of New York Mellon v. Shone. It held: “[A] record that one business has received from another is admissible under Rule 803(6) without testimony about the […]

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October 27, 2020

Elections, COVID-19, and the Maine Constitution, Oh My!
COVID-19, Elections, Law Court, Maine, Maine Constitution
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Late last week, the Law Court issued an important election law decision in Alliance for Retired Americans v. Secretary of State.  In its opinion, the Court held that Maine’s deadline for receiving absentee ballots (8:00 p.m. on election day) as well as the statutory provisions governing the validation of absentee ballots are not unconstitutional as […]

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October 20, 2020

The Law Court’s Answer Is Yes, The Maine Constitution Does Still Matter
Law Court, Maine, Maine Constitution
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Earlier this year, I asked a question on this blog:  does the Maine Constitution, now in its 200th year, still matter?  Shortly after, I offered a few reasons why it should still matter, including the Maine Constitution’s unique history, the nature of the state-federal relationship, and the doctrine of constitutional avoidance.  In the early 1980s, […]

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September 30, 2020

So You Should Cross-Appeal To Preserve an Alternative Argument – But Should You Have To?
Cross-Appeals, Law Court, Maine
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I recently blogged about the need to file a cross-appeal of a favorable judgment in order to preserve an argument that provides alternate grounds for affirmance at the Law Court.  As I noted, the Court has declined to reach alternative arguments for affirmance where the prevailing party did not cross-appeal. The Law Court recently did […]

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September 09, 2020

When Do You Have to Seek a Stay in an 80C Appeal?
Law Court, Maine
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The Law Court yesterday issued an interesting decision in the ongoing ranked choice voting litigation that will have a broad application to appeals of final agency actions under M.R. Civ. P. 80C.  The decision clarifies when an automatic stay of a Superior Court judgment enters in a Rule 80C action.  The answer, somewhat counterintuitively, is […]

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August 05, 2020

Arguing from Afar: The New Reality of Zoom
Law Court, Maine, Oral Argument
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There is a new reality for appellate practitioners that is here to stay (for a while): oral arguments before the Law Court via Zoom. There are of course downsides to this new reality; I’m a firm believer that in-person communication is superior to video communication for many of the same reasons that video communication is […]

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June 22, 2020

When in Doubt, Cross-Appeal!
Cross-Appeals, Law Court, Maine
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The Law Court recently addressed an issue of great importance to appellate practitioners: does a party need to cross-appeal a favorable judgment in order to preserve an argument providing alternate grounds for affirmance, when the lower court rejected that argument? The answer, per the Law Court’s decision, is “yes.” As the Law Court’s decision makes […]

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May 27, 2020

Challenging Interlocutory Decisions on Appeal – What Not to Do
Law Court, Maine
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The Law Court recently issued a short decision, Wilmington Savings Fund Society, FSB v. Abildgaard, which provides a reminder of the importance of taking the appropriate steps at trial to ensure that interlocutory orders can be challenged on appeal. On its facts, Abildgaard is fairly straightforward. Wilmington Savings Fund sought to foreclose on Abildgaard’s mortgage. […]

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