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March 12, 2019 / March 4, 2026 by Pierce Atwood Litigation
The Massachusetts Appeals Court recently issued a regulatory takings decision with relevance to us in Maine given our State’s unique relationship to the Commonwealth. Smyth v. Conservation Commission of Falmouth, 94 Mass. App. Ct. 790. Kudos to Pierce Atwood’s Michelle O’Brien and Nicholas Brown for prevailing in this appeal. Among other things, in Smyth, the […]
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February 20, 2019 / March 4, 2026 by Pierce Atwood Litigation
On December 4, 2018 we blogged about the oral argument in this appeal involving the constitutionality of federal legislation enacted to address Puerto Rico’s restructuring. (CLASH OF THE TITANS) The question was whether the people appointed to the oversight board had to be appointed by the President with the advice and consent of the Senate. […]
February 13, 2019 / March 4, 2026 by Pierce Atwood Litigation
Now that I have your attention, let’s discuss a recent First Circuit decision interpreting when there’s a hostile work environment and who’s liable for it under the Maine Human Rights Act. Roy v. Correct Care Solutions, No. 18-1313 (1st Cir. 2019). Judge Lynch, writing for co-panelists Judges Stahl and Barron, issued a thorough decision vacating […]
February 6, 2019 / March 4, 2026 by Pierce Atwood Litigation
Perhaps moved by my recent viewing of the movie bio of Ruth Bader Ginsberg, On the Basis of Sex, in pondering how much we’ve progressed in gender equality in our own vocation since the days of her early battles as portrayed in that film, here’s a dispiriting article from Bloomberg law about how the chances […]
January 30, 2019 / March 4, 2026 by Pierce Atwood Litigation
That’s the date that the First Circuit will be holding its next federal criminal appellate practice seminar in Maine. (Announcement) It’s open to all, free and you get CLE. If you are a civil practitioner, and because of that you are thinking there is nothing useful to be had from this seminar, you are wrong. […]
December 21, 2018 / March 4, 2026 by Pierce Atwood Litigation
Sometimes around the holiday season, parents must use special skills to explain why Santa won’t be giving them that $500,000 drone or the Tesla they want. Are similar skills needed to say no to a judge in an oral argument when they say something with which you disagree? Here’s a discussion about that topic. How […]
December 4, 2018 / March 4, 2026 by Pierce Atwood Litigation
On December 3, the First Circuit (Judges Torruella, Thompson and Kayatta) heard another appeal emanating from the much-litigated federal Promesa legislation enacted in 2016 addressing Puerto Rico’s restructuring (i.e., essentially bankruptcy). A LOT of money is involved – Puerto Rico’s public debt exceeds $70 billion. So each side brought out big guns. You may have […]
November 27, 2018 / March 4, 2026 by Pierce Atwood Litigation
Here in the land of appellate law, there’s nothing more we like than diving into an area of dusty, obscure legal procedure. The land of ancient writs is one of those areas, and last week the First Circuit issued one of the more obscure of those ancient writs – an “advisory mandamus.” In re Grand […]
November 9, 2018 / March 4, 2026 by Pierce Atwood Litigation
With yet another mass shooting this week, it’s timely to discuss a recent (Nov. 2) decision from the First Circuit, Gould v. Morgan. This involved a constitutional challenge to the Massachusetts firearms licensing statute, as implemented in Boston and Brookline. The district court upheld the statute and implementation, as did the panel, Judges Thompson, Selya […]
October 29, 2018 / March 4, 2026 by Pierce Atwood Litigation
I (a reader suggested that I stop using the royal we) attended the federal judicial conference at the Samoset last week. The topic du jour was social media, so that was the new. The conference closed with observations from two district court judges, Judges Hornby and Singal, who have been on the bench for many […]
