Tuesday, October 7, 2014
- US Supreme Court: Certiorari granted in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc., to resolve question: “Whether disparate-impact claims are cognizable under the Fair Housing Act”
- US Supreme Court: Certiorari granted in Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., in which employer refused to hire applicant because she wore a head scarf (hijab) but claimed applicant did not notify it she wore the scarf for religious purposes or request a reasonable accommodation from its “classic East Coast collegiate style” dress code; question presented: “Whether an employer can be liable under Title VII of the Civil Rights Act of 1964 for refusing to hire an applicant or discharging an employee based on a “religious observance and practice” only if the employer has actual knowledge that a religious accommodation was required and the employer’s actual knowledge resulted from direct, explicit notice from the applicant or employee”
- US Supreme Court: Certiorari granted in Coleman-Bey v. Tollefson, to resolve question: “Whether, under the ‘three strikes’ provision of the Prison Litigation Reform Act, 28 U.S.C. § 1915(g), a district court’s dismissal of a lawsuit counts as a “strike” while it is still pending on appeal or before the time for seeking appellate review has passed”
- Law Court: Oral Arguments scheduled this week, including on October 9th, 13-474, plaintiff appealing defense jury verdict in auto negligence case; 13-544, defendant appealing jury verdict for plaintiff in school bus and bicycle accident; 14-150, plaintiff appealing summary judgment in professional negligence and breach of fiduciary duty against law firm
- US District Court ME: In granting summary judgment for United States in medical malpractice claim against Pleasant Point Health Center, a tribally operated facility under Title I of the Indian Self-Determination and Education Assistance Act (making it subject to Federal Tort Claims Act), court held that FTCA notice filed outside two-year FTCA statute of limitations was not excused by equitable estoppel or equitable tolling
- First Circuit: Court affirmed summary judgment for insurer on long-term disability denial because plaintiff failed to meet six-month deadline for internal appeal and benefit plan had expressly incorporated appeal deadline into the benefit plan’s written instrument
- HUD: $495,000 settlement reached in Fair Housing Act sex discrimination case against municipality that enacted ordinances that held landlords responsible for evicting tenants cited for “disorderly behavior,” including domestic violence incidents
- EEOC: Agency filed lawuit alleging employer violated Americans with Disabilities Act when it failed to reinstate employee who had been on leave for post-partum depression or transfer her vacant positions instead of simply allowing her to compete for them (issues involving the ADA and pregnancy-related limitations is one of the six national priorities identified by the EEOC’s Strategic Enforcement Plan)
