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 institutional clients in state and national consumer class actions involving various issues, including bank overdrafts, products liability, and electronic data breaches.         

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 has also acted as law clerk for two Special Masters appointed by the U.S. Supreme Court in original jurisdiction proceedings.

Honors & Distinctions

Joshua has been named a 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.

Publications

Contributor, First Class Defense class action blog

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

  • 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 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 an insurance company in agency proceedings and appeal
  • Represented a hospital in an appeal to First Circuit involving a multimillion dollar tax refund claim
  • 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