After serving as a Law Clerk for Chief Judge John F. Grady of the U.S. District Court, Northern District of Illinois, Cathy joined Pierce Atwood, where she practices in the area of appellate litigation - both civil and criminal - in the federal and state courts, including petitions for review of administrative decisions. She has argued over 100 appeals, primarily in the United States Courts of Appeals and the Maine Supreme Judicial Court. Cathy also leads Pierce Atwood's partnership with the Gay & Lesbian Advocates & Defenders (GLAD) and recently filed an amici brief in the United States Supreme Court on behalf of 23 historians and the American Historians Association in support of striking down the Defense of Marriage Act.
Within the area of appellate litigation, Cathy's practice runs the gamut from representation of corporations to individuals, such as Senator Susan Collins. The breadth of subject areas she has addressed is equally broad.
Practice Experience
- Administrative Appeals
Ex. State of Maine v. Johnson, 498 F.3d 37 (1st Cir. 2007)
- Bankruptcy
Ex. California Dept. of Water Resources v. Calpine Corp., 337 B.R. 27 (SDNY 2006)
- Condominium Law
Ex. America v. Sunspray Condomium Association, 2013 ME 19, __ A.3d __
- Defamation
Ex. Fiacco v. Sigma Alpha Epsilon, 528 F.3d 94 (1st Cir. 2008)
- Energy
Ex. CLF v. FERC, 216 F.3d 41 (D.C. Cir. 2000)
- Election Law
Ex. National Organization for Marriage v. McKee, 699 F.3d 34 (1st Cir. 2012),
National Organization for Marriage v. Daluz, 654 F.3d 115 (1st Cir. 2011)
(representing amicus GLAD)
- Environmental Law
Ex. CLF v. Hannaford Bros. Inc., 139 Fed.Appx. 338 (2d Cir. 2005)
- Ethics
Ex. Board of Overseers of the Bar v. Warren, 2011 ME 124, 34 A.2d 1103
(upholding attorney client privilege in ethics investigation)
- The False Claims Act
Ex. U.S. ex rel. Springfield Terminal Ry. Co. v. Quinn, 14 F.3d 645 (D.C. Cir. 1994) (plaintiff)
Ex. U.S. ex rel. Loughren v. Unum Group, 613 F.3d 300 (1st Cir. 2010) (defendant)
- Family Law
Ex. Adoption of Patricia A. Spado, 2009 ME 76; 912 A.2d 578
- Insurance
Ex. AutoEurope, L.L.C. v. Connecticut Indemnity Co., 321 F.3d 60 (1st Cir. 2003)
- Real Estate
Ex. Dowling v. Salewski, 2007 ME 78, 926 A.2d 193
- Tax
Ex. Commissioner of Revenue v. AT&T Corp., 11-P-1462 (Mass. 2012)
- Torts
Ex. Coyne v. Peace, 863 A.2d 885, 2004 ME 150
Recent Experience
- Commonwealth of Massachusetts v. US DHHS, et al., 682 F.3d 1 (1st Cir. 2012); Golinski v. US Office of Personnel Management, 680 F.3d 1104 (9th Cir. 2012); and United States of Amerca v. Windsor, No. 12-307 (U.S. Supreme Court 2013)
Filed Amici Briefs on behalf of 23 family law historians and the American Historians Association to strike down Defense of Marriage Act
- Bank of America, N.A. v. Cloutier, 2013 ME 17, YOR-12-361
Filed amicus brief on behalf of Federal Home Loan Mortgage Corporation with respect to question reported to the Maine Supreme Judicial Court regarding proof needed for foreclosure under Maine statute
- Commonwealth of Massachusetts v. US DHHS, et al., 682 F.3d 1 (1st Cir. 2012); Golinski v. US Office of Personnel Management, 680 F.3d 1104 (9th Cir. 2012); and United States of Amerca v. Windsor, No. 12-307 (U.S. Supreme Court 2013)
Filed Amici Briefs on behalf of 23 family law historians and the American Historians Association to strike down Defense of Marriage Act
- Commissioner of Revenue v. AT&T Corporation, 11-P-1462 (Mass. 2012)
Upholding decision of appellate tax board granting $2 million abatement application
- Nolan v. Labree, 2012 ME 61, 52 A.3d 923
Filed amici brief on behalf of 20 Maine family law practitioners supporting reversal of ruling precluding maternity declaration for intended parent using gestational carrier
- Board of Overseers of the Bar v. Warren, 2011 ME 124, 34 A.3d 1103
Affirming quash of subpoena on privilege grounds
- Bradbury v. GMAC, LLC, 780 F.Supp.2d 108 (D.Me. 2011)
Rejecting remand efforts of putative class action regarding mortgage foreclosures on Rooker-Feldman and abstention grounds
- U.S. ex rel. Loughren v. Unum Group, 613 F.3d 300 (1st Cir. 2010)
Vacating judgment against insurer under the False Claims Act and remanding for a new trial
- Adoption of Patricia A. Spado, 2009 ME 76; 912 A.2d 578, 2007 ME 6
Vacating default judgment on petition to nullify same-sex adult adoption and subsequently reversing nullification of adoption
- Nestle Waters North America, Inc. v. Town of Fryeburg, 2009 ME 30, 967 A.2d 702 Reversing denial and ordering issuance of permit of water loadout facility
- Rhode Island v. Lead Industries Ass'n, 951 A.2d 428 (2008)
Reversing jury verdict in $2 billion+ public nuisance claim against lead pigment manufacturers
Honors & Distinctions
Cathy has been named the only 2012 Maine Appellate Practice Lawyer of the Year by
Best Lawyers in America and a First Circuit litigation star in
Benchmark Appellate. She is also listed in
The Best Lawyers in America for Appellate Law and is recognized by Chambers USA: America's Leading Business Lawyers for Commercial Litigation. She was elected as a fellow of the American Academy of Appellate Lawyers in 2005 and has an AV® rating in
Martindale-Hubbell.
Professional Activities
Member, First Circuit Advisory Committee on Rules, 2009-2012
Fellow, Maine Bar Foundation
Maine Board of Bar Examiners, 1998-2006 (chair in 2005)
Publications
Maineappeals.com, a blog about appeals and appellate law in Maine. The blog discusses developments in the Maine Supreme Judicial Court and First Circuit Court of Appeals, including recent cases, rule changes and other events.
The Appellate Practice Compendium, Maine Chapter (ABA Book Publishing 2012)
Transmission Preemption - Federal policy trumps state siting authority, Public Utilities Fortnightly (November 2010) (co-author with Deborah L. Shaw)
Developments and Trends in the World of Electronic Discovery, "Electronic Records Management and E-Discovery" (2010) (co-author with Mark E. Porada)
Free Markets and Their Umpires: The Appeal of the U.S. Regulatory Model, World Policy Journal. (Summer 2005) (co-author with Isabel Bjork)
Culture and Crime: Kargar and the Existing Framework for a Cultural Defense, 47 Buffalo L.Rev. 829 (1999) (co-author with Nancy Wanderer)
Creation of A National Disaster Court: A Response to Judicial Federation in Action, 78 Va. L. Rev. 1753. (1992) (co-author with Ralph Lancaster)
Appalachian Electric Revised: The Recapture Provision of Federal Power Act After Nollan and Kaiser Aetna, 40 Drake L. Rev. 533. (1991)
Back to the Future: The Nuisance Exception to the Just Compensation Clause, 19 Cap. U.L. Rev. 1. (1990)
Civic Activities
Board Member, Animal Welfare Society, West Kennebunk, Maine (2007-present)
Member, Town of Kennebunk Dog Advisory Committee (2007-present)
Committee Member, Committee to Review Regulatory Takings (2011)
(appointed by Speaker of the House to represent private attorneys)