| Click here to remove Verdict from subsequent Justia newsletter(s). | New on Verdict Legal Analysis and Commentary | | How Allen v. Cooper Breaks Important New (if Dubious) Ground on Stare Decisis | | VIKRAM DAVID AMAR |  | | Illinois Law dean and professor Vikram David Amar comments on language in a recent U.S. Supreme Court decision, Allen v. Cooperdiscussing constitutional stare decisis in the context of state sovereign immunity. Amar points out some of the problems with the Court’s jurisprudence on state sovereign immunity and Congress’s Section 5 power, and he questions the Allen majority’s embrace of a “special justification” requirement for constitutional stare decisis. | | Read More |
|
Maine Supreme Judicial Court Opinions | | Brown v. Compass Harbor Village Condominium Ass'n | | Citation: 2020 ME 44 Opinion Date: April 9, 2020 Judge: Horton Areas of Law: Contracts, Real Estate & Property Law | | The Supreme Judicial Court vacated in part and affirmed in part the lower court's judgment in favor of Plaintiffs and against Compass Harbor Village Condominium Association and Compass Harbor Village, LLC (collectively, Compass Harbor), holding that the court erred in ordering specific performance and entering judgment for Plaintiffs on the claim brought pursuant to the Maine Unfair Trade Practices Act (UTPA), Me. Rev. Stat. 5, 205-A to 2014. Plaintiffs brought suit alleging that Compass Harbor's actions with respect to maintenance and governance of the Association caused their units to lose value. The lower court found that Compass Harbor breached the contracts between it and Plaintiffs, the LLC violated its fiduciary duties to Plaintiffs, and Compass Harbor violated section 207 of the UTPA. The court awarded damages to Plaintiffs and entered an order of specific performance requiring Compass Harbor to abide by its contractual and fiduciary duties in the future. The Supreme Judicial Court vacated the judgment in part, holding (1) the UTPA did not apply in this case; (2) the court did not clearly err in calculating damages; and (3) the court went beyond its discretion in entering an order that would involve the court in continuous supervision of Compass Harbor's performance over an indefinite period. | | |
|
About Justia Opinion Summaries | | Justia Daily Opinion Summaries is a free service, with 68 different newsletters, covering every federal appellate court and the highest courts of all US states. | | Justia also provides weekly practice area newsletters in 63 different practice areas. | | All daily and weekly Justia newsletters are free. Subscribe or modify your newsletter subscription preferences at daily.justia.com. | | You may freely redistribute this email in whole. | About Justia | | Justia is an online platform that provides the community with open access to the law, legal information, and lawyers. |
|
