Generally speaking, under the ‘final judgment rule,’ a party can only appeal a final judgment—a decision that fully decides and disposes of the whole case, leaving no further questions for future consideration. This judicial...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
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
In a recent blog post, I explored the application of the final judgment rule to appeals from preliminary injunction orders in state court. As I noted, the Law Court has recently applied the “death knell” exception to that...more
The Law Court recently issued a short decision, Wilmington Savings Fund Society, FSB v. Abildgaard, which provides a reminder of the importance of taking the appropriate steps at trial to ensure that interlocutory orders can...more