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Dec 11, 2024 | 
jdsupra.com | Joshua Dunlap
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 other.
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Dec 10, 2024 | 
natlawreview.com | Joshua Dunlap
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 other.
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Nov 15, 2024 | 
jdsupra.com | Joshua Dunlap |Lisa Gilbreath
On November 12, 2024, a split panel of the D.C. Circuit Court of Appeals declined to address whether the FAA complied with the White House Council on Environmental Quality (CEQ) NEPA regulations because those regulations are ultra vires or beyond CEQ’s legal authority.
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Oct 3, 2024 | 
jdsupra.com | Joshua Dunlap
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 and the Court. Some of the most significant changes include the following: Electronic Filing.
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Oct 2, 2024 | 
natlawreview.com | Joshua Dunlap
Skip to main content October 02, 2024 Volume XIV, Number 276 Legal Analysis. Expertly Written. Quickly Found.
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Sep 30, 2024 | 
jdsupra.com | Joshua Dunlap
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 doctrine, however, is subject to exceptions. In certain circumstances, a party may be able to take an interlocutory appeal of a non-final order. This rule and its exceptions have previously been a subject of comment on this blog (here and here).
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Aug 26, 2024 | 
natlawreview.com | Stefanie Marrone |Eric Troutman |Joshua Dunlap |Tom Young
Skip to main content August 26, 2024 Volume XIV, Number 239 Legal Analysis. Expertly Written. Quickly Found.
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Aug 26, 2024 | 
jdsupra.com | Joshua Dunlap
Disputes between members of different branches of government frequently raise thorny issues—and standing is often one of them. The Maine Law Court tackled the issue of legislator standing in its recent decision in Clardy v. Jackson, its first pronouncement on the issue. Some background: in 2024, partisan disputes over the state budget led to a simple majority vote in favor of the state budget in the Legislature.
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Jul 11, 2024 | 
jdsupra.com | Joshua Dunlap
As I previously noted on this blog, the end of the Supreme Court’s term brought with it a landmark decision in Loper Bright Enterprises v. Raimondo, which overruled Chevron v. Natural Resources Defense Council. The holding of Loper Bright is clear: courts are no longer required to defer to agency interpretations of ambiguous statutes. But just how substantial is this change? As a jurisprudential matter, there is no question the change is substantial.
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Jul 11, 2024 | 
natlawreview.com | Joshua Dunlap
As I previously noted on this blog, the end of the Supreme Court’s term brought with it a landmark decision in Loper Bright Enterprises v. Raimondo, which overruled Chevron v. Natural Resources Defense Council. The holding of Loper Bright is clear: courts are no longer required to defer to agency interpretations of ambiguous statutes. But just how substantial is this change? As a jurisprudential matter, there is no question the change is substantial.
