Saturday, June 13, 2020
- US District Court ME: Temporary restraining order for change in prison’s response to COVID-19 denied on claim by inmates alleging Eighth Amendment violations and violations of the Americans with Disabilities Act and the Rehabilitation Act who, by reason of age or medical condition, are particularly vulnerable to injury or death if they were to contract COVID-19; court would instead move quickly with the request for a preliminary injunction
- EEOC: Updated guidance on COVID-19 includes (D.13) that “an employee without a disability is not entitled under the ADA to telework as an accommodation in order to protect a family member with a disability from potential COVID-19 exposure”
- US DOL: FAQ on COVID-19 includes that OSHA’s personal protective equipment standards do not require employers to provide cloth face coverings to workers
- Law Court: In reach and apply action, insurer was not liable for $428,071.64 negligence judgment under policy making insurer liable for damages “caused by an accident that involves a vehicle,” where insured drove intoxicated and delusional friend in truck covered by the policy to plaintiffs’ home where friend broke into home and caused property damage and personal injuries
- Law Court: Remote video oral argument on June 24th includes appeal in Ken-19-406, which will address whether incident in which father heard but did not see construction materials falling from truck and killing son meets the “contemporaneous perception” factor in a negligent infliction of emotional distress claim
- US District Court ME: Motion to dismiss Title VII and Maine Human Rights Act claim for failure to allege administrative exhaustion denied because Title VII contains no exhaustion requirement and, while the MHRA does, the better course was to allow plaintiff time to amend complaint to allege MHRA exhaustion
- US District Court ME: Motion by alleged survivor of sexual assault to proceed under an alias granted after applying Third Circuit multifactor test
- US District Court ME: Motion to dismiss § 1983 claims denied where former student who alleged he was sexually assaulted by teacher stated claims against school district and assistant principals under state-created danger and failure to train and supervise theories
- MHRC: Minutes of June 8th (Zoom) Commission meeting include that the renovation of 19 Union Station is complete and the Commission will move back on June 22
- EEOC: Volume 1 of the Fiscal Year 2020 Digest of EEO Law includes the EEOC’s Annual Compilation Issue, summarizing noteworthy federal sector decisions from fiscal year 2019
