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Due Process, Preliminary Injunctions, and Final Judgments

The Court recently clarified an important issue of civil procedure – the precise point at which a court may consolidate a preliminary injunction hearing with a hearing on the merits....more

Interlocutory Appeals and Judicial Efficiency

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

Appealing from a Preliminary Injunction Order in Maine? Maybe You Can, Maybe You Can’t.

As recently noted on this blog, parties can appeal a preliminary injunction order in federal court under 28 U.S.C. § 1292 – but, typically, the same right of appeal is not available under Maine law. As stated in Sanborn v....more

Immediate Appeals of Temporary Restraining Orders? Not So Fast.

Interlocutory appeals, including those relating to injunctive relief, often present traps for the unwary. In state court in Maine, parties typically cannot appeal an order granting or denying a motion for preliminary...more

Elections, COVID-19, and the Maine Constitution, Oh My!

Late last week, the Law Court issued an important election law decision in Alliance for Retired Americans v. Secretary of State. In its opinion, the Court held that Maine’s deadline for receiving absentee ballots (8:00 p.m....more

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