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Maine Appeals Blog

Articles: 1-10 of 39

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

USA - March 4 2021 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…

Appellate Trends During the COVID-19 Pandemic

USA - February 1 2021 Chief Justice Roberts recently issued his year-end report on the federal judiciary, appropriately focusing on the effects of the COVID-19 pandemic…

Immediate Appeals of Temporary Restraining Orders? Not So Fast.

USA - January 12 2021 Interlocutory appeals, including those relating to injunctive relief, often present traps for the unwary. In state court in Maine, parties typically…

Law Court Adopts Integrated Business Records Exception to Hearsay Rule

USA - November 2 2020 Late last week, the Law Court unequivocally adopted the integrated business records exception to the hearsay rule under Rule 803(6) of the Maine…

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

USA - October 27 2020 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…

The Law Court’s Answer Is Yes, The Maine Constitution Does Still Matter

USA - October 20 2020 Earlier this year, I asked a question on this blog: does the Maine Constitution, now in its 200th year, still matter? Shortly after, I offered a few…

So You Should Cross-Appeal To Preserve an Alternative Argument - But Should You Have To?

USA - September 30 2020 I recently blogged about the need to file a cross-appeal of a favorable judgment in order to preserve an argument that provides alternate grounds for…

When Do You Have to Seek a Stay in an 80C Appeal?

USA - September 9 2020 The Law Court yesterday issued an interesting decision in the ongoing ranked choice voting litigation that will have a broad application to appeals…

Arguing from Afar: The New Reality of Zoom

USA - August 5 2020 There is a new reality for appellate practitioners that is here to stay (for a while): oral arguments before the Law Court via Zoom. There are of…

When in Doubt, Cross-Appeal!

USA - June 22 2020 The Law Court recently addressed an issue of great importance to appellate practitioners: does a party need to cross-appeal a favorable judgment in…