Buckle up for a long (but informative!) post, everyone.
On March 30, 2026, the Maine State Bar Association hosted an all-day seminar on appellate practice before the Maine Supreme Judicial Court. The seminar featured ten separate educational sessions, each led by one or more current Law Court Justices. Court staff, a Maine Law professor, and
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Dear Alaska: We know our own constitution, thank you very much.
On April 6, 2026, the Justices of the Maine Supreme Judicial Court handed down their respective opinions in the latest “solemn occasion” proceeding, this one concerning ranked-choice voting. If this sounds familiar to you, it’s because this is the second such solemn occasion concerning ranked-choice voting, with the last one in 2017. In both solemn
January/February 2026 Law Court Roundup
While we will write lengthier posts for cases that merit a broader discussion, as we did in our last post with respect to the Xamplas decision, we also will write brief updates for notable cases issued recently. Here goes for Law Court decisions issued in January and February 2026:
- Jellison v. Jellison, 2026
My Big Fat Greek Divorce – The Collateral-Order Exception to the Final Judgment Rule
The Law Court typically may only consider an appeal of a “final judgment”—that is, a decision that fully decides and disposes of the parties’ entire case and leaves no further questions for consideration. However, this “final judgment rule” is subject to exceptions which, under certain circumstances, may allow a party to bring an appeal on
We’re Back – And (Hopefully) at Least as Good as Ever
Hello, loyal readers. Six years ago, readers of this blog were greeted by a passing-of-the-torch post, when Pierce Atwood partner Cathy Connors became Associate Justice Catherine R. Connors of the Maine Supreme Judicial Court and handed the reins of this blog to Pierce Atwood partner Josh Dunlap. The torch now has been passed again,
May v. Must – The Scope of Agency Permitting Review under Statutory Standards
The Law Court recently issued a decision in Eastern Maine Conservation Initiative v. Board of Environmental Protection that contains an enlightening discussion of what an agency must consider—as opposed to what an agency may consider—in issuing a permit. In so doing, it adopted an important limit on how far agencies must go in reviewing a
Opioids and Common Law Liability for Indirect Economic Harm
Earlier this month, the Law Court weighed in on a hot-button legal issue—the potential liability of opioid manufacturers for the costs of the drug epidemic. In Eastern Maine Medical Center v. Walgreen Company, the Law Court affirmed a decision granting a motion to dismiss hospitals’ claims for negligence, public nuisance, unjust enrichment, fraud and
Vested Rights Revisited
In recent years, numerous state courts across the country have been asked to consider the question whether a plaintiff’s claim can be retroactively revived by the legislature after the claim has been extinguished by a statute of limitations. The Law Court, in Dupuis v. Roman Catholic Bishop of Portland, has now addressed that question
Litigants Beware: Unjust Enrichment v. Quantum Meruit
The distinction between unjust enrichment claims and quantum meruit claims have long bedeviled courts and practitioners. In Core Finance Team Affiliates v. Maine Medical Center, the Law Court provided important guidance regarding the differences between these claims while leaving open a difficult question relating to the implications of pursuing one claim but not the
New Amendments to the Maine Rules of Appellate Procedure
The Supreme Judicial Court has adopted amendments to the Maine Rules of Appellate Procedure, which will become effective on November 1. These rules reflect a significant amount of work by the Maine Appellate Rules Committee, of which I currently have the honor of serving as chair. The amendments introduce changes that should substantially benefit practitioners