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September 16, 2016 / March 4, 2026 by Nolan Reichl
If you’ve ever fantasized about moving to the other side of the bench, a recent First Circuit decision coming out of Maine highlights what to me would be one of the worst parts of putting on the robe – having to look at child porn. U.S. v. Ross. I once had to look at (relatively) […]
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September 1, 2016 / March 4, 2026 by Nolan Reichl
It takes an awful lot for the Law Court to impose fees, and even then, it is typically only a minimal spanking (e.g. treble regular costs). So you can bet that when the Court awarded $10,000 in attorney’s fees on appeal, the conduct of the attorney at issue there was pretty … special. Lincoln v. […]
August 8, 2016 / March 4, 2026 by Nolan Reichl
The Law Court has addressed the issue of public prescriptive easements again in Cedar Beach/Cedar Island Supporters, Inc., et al. v. Gables Real Estate LLC, 2016 ME 114. As with its earlier decision in the Goose Rocks case (Almeder v. Town of Kennebunkport, 2014 ME 139, P18) – upon which we have blogged multiple times […]
July 21, 2016 / March 4, 2026 by Nolan Reichl
It may be the height of summer vacation time, but the Law Court and First Circuit continue to issue decisions, some of note. Here’s one of interest, in which Judge Lynch parted ways with the reasoning of the majority (Judge Lipez, joined by CJ Howard): Ms. S. v. Regional School Unit 72, No. 15-1487 (1st […]
July 7, 2016 / March 4, 2026 by Nolan Reichl
The attached Findlaw blog rates US Supreme Court Justices’ hipster quotients: http://blogs.findlaw.com/supreme_court/2016/07/who-is-the-biggest-hipster-on-the-supreme-court.html?DCMP=NWL-pro_scotus Any thoughts on how our own Supreme Judicial Court Justices rank?
June 28, 2016 / March 4, 2026 by Nolan Reichl
As you can see, we have a new format/platform. Let’s hope it’s easier to use that the last one. As always, all comments welcome, cconnors@pierceatwood.com. Now let’s finish discussing the SJC’s appellate seminar. We had just finished up with Justices Alexander and Humphrey on jurisdictional issues. Next, Justice Mead spoke about Rules 5-7 on the […]
June 15, 2016 / June 15, 2016 by mindgrub
So onward to the next set of presentations at the Law Court’s appellate seminar.
June 8, 2016 / June 15, 2016 by mindgrub
I shall return to my download of the Law Court’s appellate seminar, but first I wanted to weigh in on the recent passing of Peter DeTroy. Many people have justly noted that he was the consummate trial lawyer. Let’s take a moment to talk about his appellate talents, too.
May 27, 2016 / June 15, 2016 by mindgrub
As we alerted was coming in previous blogs, the Maine SJC held its seminar on appellate issues last Friday. There were 100 registrants and the conference, with all 7 Justices participating, was chock-a-block with useful material. Here’s a start on summarizing.
May 19, 2016 / June 15, 2016 by mindgrub
Following up on my last entry, here is the download from Alan DuBois, the First Assistant Public Defender of the District of North Carolina (so he spoke from the criminal defense perspective and how to draft the appellant brief). His presentation was excellent and thought provoking, in part because he spoke against conventional wisdom. Here are some nuggets I found useful:
