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November 21, 2017 / March 4, 2026 by Pierce Atwood Litigation
A few entries ago, summarizing the First Circuit Judicial Conference, we noted how a Harvard librarian explained how attempts were being made to address “link rot” – when opinions cite to a website, and later, that cite disappears (and if not gone, you don’t know if the site has been changed since the opinion was […]
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November 14, 2017 / March 4, 2026 by Pierce Atwood Litigation
The Supreme Court issued a decision last week made for appellate wonks, in which the American Academy of Appellate Lawyers (where I am a board member) not only filed an amicus brief supporting the position where the unanimous Court landed (AAAL Brief), but got a shout out in a footnote – Hamer v. Neighborhood Housing […]
November 8, 2017 / March 4, 2026 by Nolan Reichl
A reader has alerted me to a dandy notice of appeal issue now pending before the Law Court involving the apparent clash of two civil rules – catnip to appellate jockeys! The case is Perry v. Dean, Docket No. BCD-17-412. Attached is a copy of an order reinstating the appeal that presents the issue. (Order […]
November 1, 2017 / March 4, 2026 by Nolan Reichl
One area of law I find of interest, given its First Amendment grounding, is the Noerr-Pennington doctrine – the protection of the right to petition from antitrust liability. There’s a new First Circuit decision discussing the sham exception to that doctrine, under which an antitrust suit is allowed to go forward based on the defendant’s […]
October 23, 2017 / March 4, 2026 by Nolan Reichl
I am now back from the First Circuit Judicial Conference, held every other year, and this time in Maine. The juxtaposition of the content of this conference with the AAAL conference I blogged on last time presents an interesting perspective. First, here is a very quick rundown of the events: Chief Judge Howard noted that […]
October 18, 2017 / March 4, 2026 by Nolan Reichl
I have returned from The American Academy of Appellate Lawyers’ conference on the future of appellate practice, leaving San Francisco just before the fires put an orange glow in the sky. While I was there, the weather was terrific and clear, with the Blue Angels flying overhead in a spectacular display. As reported by the […]
September 27, 2017 / March 4, 2026 by Nolan Reichl
Next week I am off to the biannual meeting of the American Academy of Appellate Lawyers in San Francisco, and the program looks great. A gaggle of in-house counsel will be discussing the future of legal practice, taking a snapshot of 2027. Then law school representatives will speak about what they are doing to meet […]