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  • Article

    The Efficiency Trap

    In a recent Seventh Circuit decision that has received much attention, Judge Posner explained the predominance requirement of Rule 23(b)(3) in a way that no doubt will be cited frequently by plaintiffs' class action lawyers.
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Augusta Quiet as Legislators Recover from the Session; Governor’s Race Already Drawing Significant Attention; Special Election for Open Senate Seat Set (Under the Dome: Inside the Maine State House 7.19.13)

    Under the Dome: Inside the Maine State House is a regular update that provides a high-level overview of recent activity at the Maine State House.
    United StatesGovernment, Public Sector
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Section 316(b) Of The Clean Water Act - Cooling Water Intake Requirements - Update On EPA And State Of Maine Actions

    Section 316(b) of the Clean Water Act requires that the location, design, construction, and capacity of cooling water intake structures reflect the best technology available for minimizing adverse environmental impact.
    United StatesEnvironment
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    State Legislative Candidates for November Ballot Set (Under the Dome: Inside the Maine State House 7.27.12)

    The deadline for local party committees to replace withdrawn legislative candidates on November’s ballot has now passed, determining which names will appear on the ballot.
    United StatesGovernment, Public Sector
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Court Lowers The Bar For Numerosity Requirement In Nexium Antitrust Litigation

    On the heels of his November 4, 2013 order certifying a class of individual consumers and other payors who alleged that defendant pharmaceutical companies engaged in anti-competitive practices ...
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Maine Use Tax Amnesty Program

    Last week, Maine Revenue Services sent out the "Special Use Tax Return" to be used by taxpayers who wish to participate in the program.
    United StatesTax
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Legislature Reconvenes On January 8th; Governor Issues $35.5 Million Curtailment Order; Governor's Chief Energy Advisor Steps Down; Maine's Newest U.S. Senator Sworn into Office (Under The Dome: Inside The Maine State House 1.4.13)

    The Legislature’s first legislative day was December 5th, when members were sworn into office and various administrative matters were addressed.
    United StatesGovernment, Public Sector
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Bill Requests for Next Session Continue To Be Narrowed; November Election Results Produce Some Fodder for Political Analysis; 2014 Elections Less Than One Year Away (Under the Dome: Inside the Maine State House 11.8.13)

    Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House.
    United StatesGovernment, Public Sector
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Eloise Vitelli Takes Her Seat As Maine’s Newest State Senator; Maine Legislature Convenes For A One-Day Special Session; Appointments for Various Legislative Commissions And Task Forces Announced (Under The Dome: Inside The Maine State House 8.30.13)

    Under the Dome: Inside the Maine State House is a regular update that provides a high-level overview of recent activity at the Maine State House.
    United StatesGovernment, Public Sector
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Appellate Preservation And Summary Judgment

    The necessity of preserving issues for appeal can be a trap for the unwary, leaving litigants without recourse if they fail to take proper steps to preserve a particular argument.
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Beware The Appeal Deadline, Part 2: Motions To Amend A Judgment V. Motions For Relief From Judgment

    In Board of Overseers v. Brown, the Law Court addressed the timeliness of an appeal following a "motion for clarification" of a judgment. In doing so, the Law Court drew an interesting...
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    New England Cybersecurity And Data Privacy Class Action Filings Soar In 2023

    Earlier in 2023, we launched our New England and First Circuit Class Action Tracker, as a tool to analyze class action litigation trends in Massachusetts, Maine, New Hampshire, and Rhode Island.
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Slowing The Spread Of Litigation: An Update On First Circuit COVID-19 Tuition Refund Class Actions

    Earlier this month, Boston University prevailed in one of the few surviving Boston-based COVID-19 tuition refund class action suits. The U.S. District Court in Boston granted BU's Motion for Summary Judgment...
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Staying Put: Supreme Court Holds That District Courts Must Stay Proceedings Pending Arbitration Appeals

    On June 23, 2023, in Coinbase, Inc. v. Bielski, the Supreme Court resolved a deeply divided circuit court split and ruled that a district court must stay its proceedings...
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Supreme Court Hears Oral Argument On Article III Standing Of Testers To Bring ADA Website Accessibility Class Actions

    Earlier this week, the Supreme Court heard oral argument in Acheson Hotels, LLC v. Laufer, a case that we have summarized in prior blog posts.
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    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...
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Chat With Caution: The Growing Data Privacy Compliance And Litigation Risk Of Chatbots

    In a new wave of privacy litigation, plaintiffs have recently filed dozens of class action lawsuits in state and federal courts, primarily in California, seeking damages for alleged...
    United StatesPrivacy
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    First Circuit Offers Lessons To Businesses Facing Cybersecurity Incidents And Class Action Litigation Risk

    In Webb v. Injured Workers Pharmacy, LLC, the First Circuit recently reversed a lower court's dismissal of class action claims brought by former pharmacy patients alleging that their sensitive...
    United StatesPrivacy
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Rhode Island Supreme Court Discharges Surety's Performance Bond Obligations On RI Bridge Project

    The Rhode Island Department of Transportation (RIDOT) filed a third-party lawsuit against a contractor's performance bond surety ("Surety")...
    United StatesReal Estate and Construction
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Long-Awaited Tax Package Provides Some Relief From Archaic Massachusetts Estate Tax Laws

    On October 4, 2023, Massachusetts Governor Maura Healey signed a historic tax relief package titled, "An Act to improve the Commonwealth's competitiveness, affordability, and equity."
    United StatesTax
    Pierce Atwood LLP
    Pierce Atwood LLP

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