Saturday, August 9, 2014
- Law Court: In affirming jury verdict for employer on Whistleblower Protection Act claim, the court held, in part, that improper jury instruction that whistleblowing activity had to make a “substantial difference” in termination decision (it has to be a “substantial factor,” meaning it made a difference) was not prejudicial in light of the instructions as a whole and plaintiff’s failure to request a special verdict form that separated causation into multiple subparts; and that the trial court’s failure to take action to correct defense counsel’s closing argument that impermissibly expressed a personal opinion that the jury should find his witnesses credible based on his purported personal friendship with them did not constitute obvious error
- First Circuit: In denying summary judgment on First Amendment claim brought by independent insurance broker who alleged that he was denied an insurance brokerage contract with the Puerto Rico government because of his political affiliation, the court held, in part, that broker had a preexisting commercial relationship with the Commonwealth and was thus subject to First Amendment protections against retaliation for his political affiliation
- First Circuit: Court held that district court abused its discretion by granting summary judgment for defendant shortly after discovery had begun despite plaintiff’s Rule 56(d) affidavit that adequately explained why it was unable currently to adduce the facts essential to opposing summary judgment
- Seventh Circuit: In reversing summary judgment for employer on Title VII retaliation claim, court held that three-year gap between sexual harassment complaint and adverse action did not bar claim in light of evidence of other retaliatory behavior that bridged gap
- US District Court ME: Updated jury plan posted
- US Dept of Labor: Proposed rule (comment deadline 11/6/14) would require companies that file EEO-1 reports, have more than 100 employees, and hold federal contracts or subcontracts worth $50,000 or more for at least 30 days to to submit an annual Equal Pay Report on employee compensation to the Office of Federal Contract Compliance Programs
- MHRC: August 11 Commission meeting Agenda and Consent Agenda posted
- Bangor Daily: Maine medical malpractice insurer records big drop in claims, but attorney says system is stacked against patients
