Wednesday, March 1, 2017
- US Supreme Court: The Court granted certiorari to decide the following issue: Whether the tolling provision in 28 U.S.C. § 1367(d) suspends the limitations period for the state-law claim while the claim is pending and for 30 days after the claim is dismissed, or whether the tolling provision does not suspend the limitations period but merely provides 30 days beyond the dismissal for the plaintiff to refile
- US Supreme Court: The Court granted certiorari to decide the following issue: Whether Federal Rule of Appellate Procedure 4(a)(5)(C) can deprive a court of appeals of jurisdiction over an appeal that is statutorily timely, as the U.S. Courts of Appeals for the 2nd, 4th, 7th and 10th Circuits have concluded, or whether Federal Rule of Appellate Procedure 4(a)(5)(C) is instead a nonjurisdictional claim-processing rule because it is not derived from a statute, as the U.S. Courts of Appeals for the 9th and District of Columbia Circuits have concluded, and therefore subject to equitable considerations such as forfeiture, waiver and the unique-circumstances doctrine
- US District Court ME: In granting motion to dismiss § 1983 due process complaint by former University of Maine employee, the court held that general allegation in complaint that plaintiff had a protected property interest in continued employment (as opposed to being an at-will-employee, entitling him to no due process protection) was a legal conclusion, and, beyond the length of plaintiff’s employment with the University, the complaint did not contain any specific factual allegations to support the allegation
- Law Court: In affirming Superior Court’s admission of documents under the “business records” exception to the rule against hearsay, the court held that the witness who established that the documents were subject to the exception did not need to have personal knowledge about the facts recorded in the documents
- Mainebiz: Collins co-sponsors bill to protect older workers from discrimination
