Massachusetts
March 21, 2023 / March 4, 2026 by Pierce Atwood Litigation
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 […]
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Law Court Maine
February 22, 2023 / March 4, 2026 by Pierce Atwood Litigation
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 […]
Maine Maine Constitution
January 9, 2023 / March 4, 2026 by Pierce Atwood Litigation
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 […]
First Circuit
November 17, 2022 / March 4, 2026 by Pierce Atwood Litigation
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 / March 4, 2026 by Pierce Atwood Litigation
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 / March 4, 2026 by Pierce Atwood Litigation
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 […]
Appellate Briefs Cross-Appeals Law Court Maine Maine Constitution Rules
July 18, 2022 / March 4, 2026 by Pierce Atwood Litigation
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 […]
Appellate Briefs Cross-Appeals Law Court Maine Rules
June 14, 2022 / March 4, 2026 by Pierce Atwood Litigation
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 […]
COVID-19 Law Court Maine
June 2, 2022 / March 4, 2026 by Pierce Atwood Litigation
The Law Court recently weighed in on a trending legal issue – the extent to which Covid-19 restrictions trigger “force majeure” contract clauses. In 55 Oak Street LLC v. RDR Enterprises, Inc., the Law Court considered the applicability of a force majeure clause in the context of emergency pandemic orders. In what is a very […]
April 25, 2022 / March 4, 2026 by Pierce Atwood Litigation
The Court recently clarified an important issue of civil procedure – the precise point at which a court may consolidate a preliminary injunction hearing with a hearing on the merits. Rule 65 of the Maine Rules of Civil Procedure provides that a court may consolidate a preliminary injunction hearing with a trial on the merits […]
