Wednesday, June 25, 2014
- Third Circuit: In reversing dismissal of § 1983 First Amendment Establishment Clause claim arising out of placement of town sign that read “Bible Baptist Church Welcomes You!,” court held that state statute of limitations, which would have barred claim because sign was installed beyond 2-year SOL and its continued presence was merely a continuation of its effects, would not be applied to 1983 claim because “strict application of the statutory limitations period both serves no salutary purpose and threatens to immunize indefinitely the presence of an allegedly unconstitutional display”
- First Circuit: In affirming summary judgment for employer on FMLA retaliation and interference claim arising out of plaintiff’s termination while on FMLA leave, the court held that right to leave ends upon non-discriminatory termination of employment
- US District Court ME: In partially granting and denying motion to dismiss complaint arising out of Town Manager and Selectman allegedly reporting to sheriff that plaintiff was showing up for public meetings drunk and driving while intoxicated, the court held that otherwise actionable defamation claim based on presumed reputation injury was barred by Maine anti-SLAPP statute, which requires proof of actual damages to overcome moving party’s showing under the first step of the analysis, and plaintiff failed to state Due Process reputation injury claim because the “stigma and the plus” derived from distinct sources, meaning the person who made the false statements that injured another’s reputation did not also change the injured person’s status or rights under substantive state or federal law
- US District Court ME: In a case of first impression, Magistrate Judge recommended dismissal of negligent misrepresentation claim based on “economic loss doctrine” because “where a dispute exists between parties to a bargained-for commercial contract and their dispute is over the value and quality of what was purchased, in the absence of any facts of a special relationship between the parties that might give rise to duty in tort (e.g., a fiduciary relationship), an aggrieved party’s recourse should be governed by the terms of the contract”
- US Dept of Labor: Notice of Proposed Rulemaking issued to change the definition of “spouse” in FMLA to include same-sex marriages in light of the United States Supreme Court’s decision in United States v. Windsor, which found section 3 of DOMA to be unconstitutional
