Thursday, March 19, 2015
- Maine Superior Court: In denying primary care doctor’s motion for summary judgment on fraud and punitive damages claims in medical malpractice claim in which patient with a history of breast cancer died after being diagnosed with metastatic bone cancer, the court found sufficient evidence of fraud and malice where defendant who told patient that oncologist had reviewed her lumbar MRI (she had severe back pain) and felt that nothing further needed to be done had made the statement in order to cover up the fact that he had allowed months to pass without taking action, and oncologist had actually said patient needed a full workup
- Maine Superior Court: In deciding 80B appeal and motions for summary judgment on §1983 due process claims arising out of former town employees termination following a license suspension for OUI (the town alleged he failed to notify it of the suspension as required by rule), the court held that due process claims were available in addition to the 80B appeal, plaintiff was denied a pre-termination hearing, there was sufficient evidence of bias in the termination decision to establish denial of due process, and, under 80B, select board’s termination decision was vacated and remanded because because plaintiff had not violated the rule requiring notice of suspension
- First Circuit: In reversing denial of motion to substitute party after death of plaintiff in Americans with Disabilities Act employment discrimination claim, the court noted that the ADA is silent on whether claims are inheritable and held that claim was inheritable under Puerto Rico law (the court did not decide whether federal common law or state law applied because the parties agreed Puerto Rico law did)
- Law Court: In affirming summary judgment for bank on claim arising out of plaintiff’s spouse depositing $109,669.49 annuity into joint checking account without plaintiff’s indorsement and then withdrawing $40,000, the court held that Uniform Commercial Code did not require indorsement on check before bank deposited the funds
- Maine Legislature: LD 960 would amend Maine’s family medical leave law to allow, in part, leave to be taken by an employee to care for a “grandparent” and “great-grandparent”
