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: if a person obtains a lawful permit and then expends significant sums building a project based on that permit, can
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You Should Be Respectful (But You Don’t Have to Be)
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 protections granted to free speech under the Commonwealth’s constitution.
The case, Barron v. Kolenda, involved a town ordinance requiring all comments in public…
Respect the Process: Late Appeals and Wrongful Use of Civil Proceedings
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.
In the first case, Witham v. Board of Trustees of the Maine Criminal Justice Academy, a petitioner challenging…
Is It Appropriate to Defer to Agency Interpretations under the Maine Constitution?
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 therefore routinely decide how to interpret ambiguous statutes. But what happens when a statute is…
District of Maine Judicial Conference
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 and judges in person. My partner Nolan Reichl, along with Valerie Wicks, moderated a…
The First Circuit Reframes Preemption
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 non-resident workers from hauling logs within Maine under the federal H-2A visa program. The First Circuit concluded that plaintiffs demonstrated a…
The Dormant Commerce Clause and Discrimination in Illegal Interstate Markets
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 Cannabis Patients and Caregivers of Maine, involved a state law requiring officers and directors of medical marijuana dispensaries operating in Maine to be Maine residents. …
A Summer Smorgasbord – Rule Changes, Constitutional Law, and Settlement Agreements
It’s the middle of a beautiful Maine summer, a good time for a few quick hits on some interesting developments . . .
First, as I previewed last month, new amendments to the Rules of Appellate Procedure became effective July 13. The new rules streamline certain procedures (such as allowing electronic signatures), make a…
Proposed Amendments to the Maine Rules of Appellate Procedure
The Advisory Committee on the Maine Rules of Appellate Procedure, of which I am a member, has been working with the SJC on potential changes to the rules. The Court has made the proposals publicly available, and has invited public comment. The deadline for any comments is July 1.
A quick summary of…
Covid-19, Emergency Pandemic Orders, and Force Majeure
The Law Court recently weighed in on a trending legal issue – the extent to which Covid-19 restrictions trigger “force majeure” contract clauses. In 55 Oak Street LLC v. RDR Enterprises, Inc., the Law Court considered the applicability of a force majeure clause in the context of emergency pandemic orders.
In what is a…