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How much is that college degree worth? Maybe not so much.

November 20, 2019 / March 4, 2026 by Pierce Atwood Litigation

Perusing recent opinions, we came upon a bankruptcy case in the First Circuit of some interest, In re: Palladino 17-1334. Steven and Lori Palladino sent their child, Nicole, to Sacred Heart University, a private Roman Catholic university in Connecticut, whose values, according to its web site, include pursuit of truth, promotion of the common good, […]

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CHI-TOWN AAAL CONFERENCE – PART TWO

October 31, 2019 / March 4, 2026 by Pierce Atwood Litigation

We’re back! Oral argument On to a presentation on oral argument from our friend Mark Fleming at WilmerHale – how can practitioners optimize their performances so judges will want arguments? First, the moot. One point Mark made was the usefulness of having someone there to take notes, since if you are being mooted, you may […]

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CHI-TOWN AAAL CONFERENCE – PART ONE

October 28, 2019 / March 4, 2026 by Pierce Atwood Litigation

I have just returned from a meeting of the American Academy of Appellate Lawyers in my old stomping grounds, Chicago. It was particularly engaging in terms of subject matter (as well as giving me the opportunity to eat a REAL pizza again). Here’s part one of my take-aways. Storied justice The first session was about […]

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Talk fast?

October 17, 2019 / March 4, 2026 by Pierce Atwood Litigation

Yes, it’s been a while – the combination of summer doldrums on the decision-issuing front and busy-ness and vacation frolicking on the part of yours truly. But the appellate courts are all back in session now with the kick off on the first Monday in October by the Supreme Court. So let’s get back to […]

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Sometimes you feel like a nut

August 21, 2019 / March 4, 2026 by Pierce Atwood Litigation

In a split decision, the First Circuit reversed a dismissal of a putative class action in a Massachusetts consumer protection case. Dumond v. Reily Foods Co., No. 18-2055 (1st Cir. Aug. 8, 2019) The defendant New England Coffee Company sells a “Hazelnut Crème” coffee. The plaintiff sued because the coffee contains no nut – it’s […]

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Shall we cultivate our garden?

July 30, 2019 / March 4, 2026 by Pierce Atwood Litigation

We are in the summer doldrums in terms of issuance of decisions, but an interesting Order came down dated yesterday and appearing today on the First Circuit’s website – Thompson v. JP Morgan Chase, NA, No. 18-1559 (1st Circ., July 29, 2019). The Order certifies a question to the Massachusetts SJC on an issue of […]

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Good Eve-ning, lights out

June 27, 2019 / March 4, 2026 by Pierce Atwood Litigation

At long last, the First Circuit has issued its en banc decision in Eves v. LePage. Cutting to the chase, the Court affirmed Judge Singal’s dismissal of the action on qualified immunity grounds. Six judges heard the case: CJ Howard, and Judges Torruella, Stahl, Lynch, Thompson and Barron (Judge Kayatta recused). There were two opinions, […]

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Take that, precedent!

June 24, 2019 / March 4, 2026 by Pierce Atwood Litigation

The big decisions from the Supreme Court are coming fast, and in the takings jurisprudence world, the one issued on Friday was a biggie, overruling Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985) – Knick v. Township of Scott, PA, No. 17-647 (U.S. S.C., June 21, 2019). We’ve […]

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Maine’s new ISP privacy law and the enforcement conundrum

June 21, 2019 / March 4, 2026 by Pierce Atwood Litigation

Maine’s new privacy law regarding broadband internet service providers, An Act To Protect the Privacy of Online Customer Information (LD 946, to be codified at 35-A M.R.S. c. 94), billed as the strictest in the nation, has gotten a lot of press. E.g., Gov. Mills signs nation’s strictest internet privacy protection bill, www.pressherald.com, June 6, […]

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When are declarations independent?

June 13, 2019 / March 4, 2026 by Pierce Atwood Litigation

The Law Court recently decided a Rule 80B case and so, of course we must discuss. Cape Shore House Owners Association v. Town of Cape Elizabeth,  https://www.courts.maine.gov/opinions_orders/supreme/lawcourt/2019/19me086.pdf.   The facts are simple, and I streamline them further to focus only on what matters for the purpose of my musings: X sought a  permit; the ZBA […]

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