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Judicial Efficiency in Cutting v Down East Orthopedic Associates

Thursday, April 22, 2021 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 rule to hear an interlocutory appeal regarding a preliminary injunction.  In two other recent cases, the Law Court has taken up and considered the “judicial economy” exception to the final judgment rule.  These cases help delineate the scope of that exception. The first case is  Cutting v. Down East Orthopedic Associates, P.A.  In that case, a plaintiff brought separate cases in federal court asserting a discrimination claim and a medical malpractice claim against a physician.  The district court granted summary judgment against the plaintiff in the discrimination case, and dismissed the second case for lack of subject matter jurisdiction.  The plaintiff then filed a malpractice claim in state court, which the d

Interlocutory Appeals and Judicial Efficiency | Pierce Atwood LLP

To embed, copy and paste the code into your website or blog: 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 rule to hear an interlocutory appeal regarding a preliminary injunction.  In two other recent cases, the Law Court has taken up and considered the “judicial economy” exception to the final judgment rule.  These cases help delineate the scope of that exception. The first case is Cutting v. Down East Orthopedic Associates, P.A.  In that case, a plaintiff brought separate cases in federal court asserting a discrimination claim and a medical malpractice claim against a physician.  The district court granted summary judgment against the plaintiff in the discrimination case, and dismissed the second case for lack of subject matter jurisdiction.  The plaintiff then filed a malpractice claim in

CMP ad disparages Maine volunteers

CMP ad disparages Maine volunteers Letter Share A new ad running on Maine airwaves right now grossly ignores the hundreds of Maine volunteers (myself and my father included) who are gathering signatures to place the Central Maine Power corridor on the ballot to allow Maine voters to decide on this contentious project. While money is being spent on both sides, CMP and Hydro-Quebec have spent a record $20 million to flood us with disinformation. They tell us the corridor will reduce greenhouse gas emissions. It won’t, and they hired an army of lobbyists to kill Sen. Brownie Carson’s bill to keep Mainers from finding that out. They told us it will reduce our electricity bills, but they don’t tell us it would be mere pennies per month while CMP makes $5 million per month and Hydro-Quebec makes $41 million per month.

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