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July 31, 2018 / March 4, 2026 by Pierce Atwood Litigation
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. […]
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July 25, 2018 / March 4, 2026 by Pierce Atwood Litigation
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 […]
June 15, 2018 / March 4, 2026 by Pierce Atwood Litigation
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 […]
May 22, 2018 / March 4, 2026 by Pierce Atwood Litigation
The Maine SJC held its every-few-years conference on appellate practice in Maine on May 2. Of course we were there, so here’s the run down. A big chunk of time was spent on e-filing –when it’s coming, where, how it will work. Privacy is the key issue. Given that state courts are the forum for […]
April 26, 2018 / March 4, 2026 by Pierce Atwood Litigation
We have blogged in the past regarding amici briefs, see e.g. The best amici brief ever. In the recent DACA argument before the Supreme Court, two such briefs are of particular note. First, the National Law Journal reports how in the oral argument, Justice Breyer gave a shout out to an appellate practitioner by referencing “families in […]
April 12, 2018 / March 4, 2026 by Pierce Atwood Litigation
I was channel surfing the other day, and stumbled across this two part interview of Chief Justice Saufley. (Link to 207 Interviews) If you’d like some nuggets about her childhood, early days in the law, and relation with the Patriots, and the headline above has piqued your interest, take a gander.
April 10, 2018 / March 4, 2026 by Pierce Atwood Litigation
Last week the First Circuit re-heard the civil rights claim by Maine Gubernatorial candidate and ex-Speaker of the House Mark Eves against current Governor LePage. As we blogged recently, the District Court dismissed the claim; the First Circuit panel affirmed; and the full Court granted a motion for rehearing en banc in an order that […]
March 29, 2018 / March 4, 2026 by Pierce Atwood Litigation
Recent decisions from the Supreme Court and Maine Law Court remind appellate jockeys of some important points when determining when a judgment is final and appealable. Certification Let’s start with Maine, and a decision about Rule 54 certification: Kittery Point Partners, LLC v. Bayview Loan Servicing, LLC, 2018 ME 35. This case involved one suit […]
March 26, 2018 / March 4, 2026 by Pierce Atwood Litigation
In homage to Stephen Hawking, let us discuss a recent regulatory takings case. While physical takings law is logical, and thus the legal equivalent to Newtonian physics, regulatory takings can make quantum physics look like a rational piece of cake. Recently, we blogged on a Business and Consumer Court ruling regarding the need to give […]
March 16, 2018 / March 4, 2026 by Pierce Atwood Litigation
A recent decision in the Business and Consumer Docket reminds us of a quirk in Maine law. In Harold MacQuinn, Inc. v. LaMoine, the Court stayed proceedings in a declaratory judgment action challenging the constitutionality of an ordinance, on the ground that the plaintiff had not served the Attorney General with a copy of the […]
