Disputes between members of different branches of government frequently raise thorny issues—and standing is often one of them. The Maine Law Court tackled the issue of legislator standing in its recent decision in Clardy v....more
As I previously noted on this blog, the end of the Supreme Court’s term brought with it a landmark decision in Loper Bright Enterprises v. Raimondo, which overruled Chevron v. Natural Resources Defense Council. The holding of...more
In a landmark decision, the Supreme Court today overruled Chevron v. Natural Resources Defense Council, which held that courts should defer to an agency’s reasonable interpretation of an ambiguous statute. In Loper Bright...more
The Law Court’s recent decision in Parker v. Department of Inland Fisheries & Wildlife is fascinating—it is a rare instance when the Court has been called upon to interpret and apply a new constitutional provision. The Maine...more
The Appellate Rules Committee, of which I am currently chair, has been busy considering various amendments to the rules. The Committee has recommended certain changes, and the Supreme Judicial Court has now proposed...more
Amid the intense coverage of the Colorado ballot exclusion case that was the subject of oral argument before the Supreme Court earlier this month, the Law Court’s decision in Trump v. Secretary of State on a parallel appeal...more
With debates over the application of stare decisis taking center stage in recent Supreme Cout arguments regarding the viability of Chevron deference—an issue which we will likely revisit in June—it was notable that the Law...more
The Law Court has dramatically reshaped foreclosure law in Maine, ending the Court’s outlier position regarding the effect of a defective notice of default. In Finch v. U.S. Bank, N.A., the Court held that, when a lender...more
In a monumental and overdue shift in foreclosure jurisprudence, in Finch v. U.S. Bank, N.A., 2024 ME 2,---A.3d---, the Law Court overruled its holding in Pushard v. Bank of America, N.A., 2017 ME 230, 175 A.3d 103, which...more
Earlier this month, the Maine Law Court issued its decision in Cassidy Holdings, LLC v. Aroostook County Commissioners, holding that, in a municipality without a board of assessment review, a taxpayer whose nonresidential...more
The Law Court recently cleaned up a tangle of legal precedent regarding the appropriate means for challenging a property tax assessment, explaining and harmonizing two hundred years of case law. Oakes v. Town of Richmond...more
As readers of this blog know, state constitutional interpretation has been a matter of discussion here and at the Maine Law Court over the last few years. Maine jurisprudence has seen a revival of the primacy doctrine, which...more
In Board of Overseers v. Brown, the Law Court addressed the timeliness of an appeal following a “motion for clarification” of a judgment. In doing so, the Law Court drew an interesting distinction between requests for relief...more
The Law Court’s decision in Fournier v. Flats Industrial, Inc., issued last week, provides a stark reminder of the importance of attention to the deadlines for filing an appeal of a final judgment. The Law Court treats the...more
The necessity of preserving issues for appeal can be a trap for the unwary, leaving litigants without recourse if they fail to take proper steps to preserve a particular argument. Near the end of its recent term, the Supreme...more
What is the proper remedy when a party challenges a municipal action under Rule 80B, but the court later determines that this was the wrong procedural vehicle to challenge the municipal action? In Hurricane Island Foundation...more
Maine law regarding cross-appeals has long been murky, and as a result that subject has often been the subject of commentary both at this blog (here and here, for instance) and elsewhere. The Law Court brought additional...more
Last week marked the close of a major legal dispute under Maine law regarding the applicability of retroactive laws to development projects already under construction. The issue in the case was one of fundamental fairness:...more
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...more
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....more
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...more
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...more
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...more
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...more
It’s the middle of a beautiful Maine summer, a good time for a few quick hits on some interesting developments . . ....more