Joshua D. Dunlap

Joshua Dunlap, a member of Pierce Atwood’s Litigation Group and Appellate & Amici team, focuses his practice on civil litigation at both the trial and appellate levels. He appears in federal as well as state court, representing clients in various commercial litigation matters.

Joshua regularly defends clients in complex litigation, including class actions and multidistrict litigation. Much of his practice has involved representing financial institutions, manufacturers, retailers, and other major institutional clients in state and national consumer class actions involving various issues, including bank overdrafts, products liability, and electronic data breaches. Joshua has also represented clients in administrative proceedings. He has extensive experience handling a wide variety of claims, including breach of contract claims, unfair trade practices claims, and constitutional claims.

Joshua also represents clients before federal and state appeals courts, and has argued and won before the Maine Supreme Judicial Court. Joshua is a former federal court of appeals law clerk, having clerked for the Hon. Paul J. Kelly Jr. on the U.S. Court of Appeals for the Tenth Circuit. He is admitted in multiple courts of appeal as well as the U.S. Supreme Court, having served with three Special Masters appointed by the U.S. Supreme Court to oversee original jurisdiction proceedings. Joshua's appellate experience provides clients with key strategic insights at all stages of litigation.

Honors & Distinctions

Joshua is a former member of the Edward T. Gignoux Inn of Court. He graduated first in his class at Notre Dame Law School and received the "Col. William J. Hoynes Award" for outstanding scholarship and achievement. He also received the "Faculty Academic Award" from Pensacola Christian College for academic excellence.

Professional Activities
  • Advisory Committee member, Maine Rules of Appellate Procedure
Publications
  • Author, Maine Appeals blog
  • Contributor, First Class Defense class action blog
  • Author, Class Actions: A Survey and Comparison of Federal Law and Maine State Law, Lexis Practice Advisor, July 2020
  • Co-author, First Circuit chapter, Survey of Federal Class Action Law: A Circuit-By-Circuit Analysis, ABA Publishing
  • Note, When Big Brother Plays God: The Religion Clauses, Title VII, and the Ministerial Exception, 82 Notre Dame L. Rev. 2005 (2007).
  • Co-author, Taking Accommodation Seriously, 2005-2006 Cato Sup. Ct. Rev. 257 (2006).

Practice Areas

Representative Experience
  • Obtained $1.7 million arbitration award in property tax dispute involving a paper mill
  • Defended a major agricultural sciences company in an employment class action
  • Represented a trade organization as an amicus challenging a municipal agency's proceedings before the Massachusetts Appeals Court - Cumberland Farms, Inc. v. Town of Yarmouth Bd. of Health
  • Successfully argued the unconstitutionality of ranked-choice voting before the Maine Supreme Judicial Court – Opinion of the Justices, 2017 ME 100
  • Defended a national bank in two multidistrict litigation proceedings involving consumer class actions regarding overdraft practices
  • Defended a state-chartered bank in a consumer class action regarding overdraft practices
  • Defended a financial institution in a consumer class action relating to student financial aid accounts
  • Represented pro bono a non-profit organization providing rides to seniors in a case involving breach of contract claims and enforcement of a non-compete provision
  • Represented a condominium association in an appeal to the Maine Law Court
  • Defended a national bank in litigation involving claims of breach of fiduciary duty
  • Defended a window manufacturer in a products liability class action
  • Defended a major retailer in a class action relating to an electronic data breach, including appeals to First Circuit and Maine Law Court
  • Represented a heavy equipment retailer, bringing and defending breach of contract claims
  • Represented a hospital in an appeal to First Circuit involving a multimillion dollar tax refund claim
  • Special Assistant to Judge Paul J. Kelly, Jr., Florida v. Georgia, No. 142 Original
  • Law Clerk for Special Master Ralph I. Lancaster, Jr., Florida v. Georgia, No. 142 Original
  • Law Clerk for Special Master William J. Kayatta, Jr., Kansas v. Nebraska & Colorado, No. 126 Original