Friday, December 12, 2014
- US District Court ME: In denying motion for summary judgment in Maine Human Rights Act disability employment discrimination case, the court held, in part, that “but for” causation is not the correct standard for proving termination because of disability; rather, the standard is whether the claimed discrimination “was a substantial, even though perhaps not the only, factor motivating the employee’s dismissal”
- US District Court ME: In granting motion in limine to exclude (in diversity jurisdiction employment discrimination claim brought by pharmacy tech) consent agreement from plaintiff’s pharmacy board disciplinary action, the court held that Federal Rule of Evidence 408 applied, not the Maine Rule, making conduct and statements from compromise negotiations even with non-parties inadmissible
- First Circuit: In granting summary judgment for police officers on arrestee’s §1983 excessive force claim, the court held that officers were entitled to qualified immunity because plaintiff had no clearly established right to be cuffed with his hands in front of him and the officers reasonably understood their actions in effectuating the arrest to be constitutional
- Ninth Circuit: En banc decision held that, despite US Supreme Court’s decision in BMW of North America, Inc. v. Gore, $300,000 punitive damages verdict in a Title VII sexual harassment case in which only nominal damages were awarded comports with due process
- Fifth Circuit: In reversing summary judgment for home-health company on nurse employee’s ADA disability discrimination claim, the court held that driving (plaintiff had a driving restriction because of an epileptic seizure) was not an essential function of the Team Leader job because using a taxi or van service might have enabled plaintiff to discharge her duties
- Burnham woman seeks $3 million in damages from Knox County over alleged sex assault in jail
- Maine court considers whether assault at fraternity house in Orono could have been foreseen
- Jury awards less money than final offer in 2005 Camden car crash
