Saturday, October 26, 2019
- US District Court ME: Temporary restraining order granted staying suspension of 15-year-old student for posting note in bathroom that “THERE’S A RAPIST IN OUR SCHOOL, AND YOU KNOW WHO IT IS,” on the grounds that there is “a fair likelihood of success on the merits because the record suggests (but does not conclusively establish) that the expressive activity the Defendants would punish was neither frivolous nor fabricated, took place within the limited confines of the girls’ bathroom, related to a matter of concern to the young women who might enter the bathroom and receive the message, and was not disruptive of school discipline”
- US District Court ME: Summary judgment for employer granted on § 1981 and Maine Human Rights Act race discrimination claim where court found that evidence did not support finding that employer’s proffered reason for terminating sales representative over confrontation with a customer was a pretext for unlawful discrimination (the court noted, however, that § 1981 extends to at-will employment despite lack of First Circuit precedent on the issue)
- US District Court ME: Magistrate Judge ruled in Maine State Prison inmate’s excessive force action that defendants had shown the requisite good cause to retain “attorneys’ eyes only” designations for three categories of documents and related testimony produced during discovery based on prison safety and security concerns
- Maine Workers’ Comp Board Appellate Division: Because sea farm worker spent less than 30% of her time on a vessel in navigation, federal Jones Act did not provide the exclusive remedy for her injuries, and Maine Workers’ Comp award in her favor was affirmed
- EEOC: September 2019 edition of “DIGEST Of Equal Employment Opportunity Law” includes article, “Religious Accommodation in the Workplace: An Overview of the Law and Recent Commission Decisions”
- SCOTUSblog: “Recent polls show confidence in Supreme Court, with caveats”