As recently noted on this blog, parties can appeal a preliminary injunction order in federal court under 28 U.S.C. § 1292 – but, typically, the same right of appeal is not available under Maine law. As stated in Sanborn v. Sanborn, “an order granting or denying a motion for a preliminary injunction is not a final judgment and generally is not an action from which we will entertain an appeal.”
As the Law Court reaffirmed just a few weeks ago, in Cutting v. Down East Orthopedic Associates, P.A.,
[t]he final judgment rule is a judicially-created doctrine that promotes judicial economy and curtails interruption, delay, duplication and harassment.
Because it is a judicially-created rule, the final judgment rule has various exceptions which might permit the Law Court to address an appeal from a preliminary injunction order. Indeed, the Law Court has, on occasion, reached the merits of