Monday, April 5, 2021
- Law Court: Provision in Maine Whistleblowers’ Protection Act (“WPA”) that the WPA shall not be construed “to diminish or impair the rights of a person under any collective bargaining agreement” resulted in plaintiff’s WPA claim against his former employer being preempted by the federal Labor Management Relations Act (“LMRA”) because his WPA claim as framed would compel the court to determine whether a collective bargaining agreement (“CBA”) gave employer the right to enforce a last-chance agreement (“LCA”) in terminating his employment, and, if employer had that right, plaintiff’s WPA claim would “diminish or impair” employer’s rights under the CBA to enforce the LCA, a result prohibited by section 837
- Sixth Circuit: False Claims Act’s anti-retaliation provision protects former employees alleging post-termination retaliation
- US Supreme Court: The application of physical force to the body of a person with intent to restrain is a Fourth Amendment seizure, even if the force does not succeed in subduing the person
- First Circuit: In light of provision in arbitration agreement that expressly required that any disputes about arbitrability be referred to an arbitrator to decide, the decision on whether a dispute is arbitrable belongs to the arbitrator and not to the court
- Law Court: Offsetting Social Security old-age insurance benefits must be treated as primary payments of workers’ compensation, and the “date of the most recent payment” for purposes of the statute of limitations is therefore the date of most recent payment of offsetting Social Security old-age insurance benefits
- US District Court ME: Motion to continue employment discrimination trial denied where out-of-state witnesses could testify remotely despite COVID-19 pandemic, and defendant did not demonstrate that video testimony would be unfairly prejudicial
- US District Court ME: Prison inmates’ procedural due process claims arising out of Maine Governor’s instruction that the Department of Labor withhold COVID-19-related unemployment benefits they would have otherwise received as a part of their work-release program dismissed where inmates could have appealed decision (the fact that the state government provides prisoners with the essentials necessary to sustain life meant they were not entitled to a pre-termination hearing)
- US District Court ME: Motion to dismiss Federal Tort Claims Act medical malpractice case denied where plaintiff adequately alleged medical provider negligently failed to notify parent of signs of physical abuse of her infant that parent could not detect
- US District Court ME: Granting plaintiff’s motion to amend complaint removed from state to federal court to assert only state-law claims and plaintiff’s motion to remand amended complaint to state court for lack of federal jurisdiction
- US District Court ME: In light of defendants’ failure to fully comply with Magistrate’s order enlarging the deadline to file supplemental initial disclosures or fully answer plaintiff’s discovery requests, defendants were foreclosed from presenting at trial and in response to or in support of any dispositive motion any evidence that they were required to, but did not, provide, unless it was otherwise known to the plaintiff
- Maine Legislature: Hearing before Labor and Housing Committee set for April 7th on LD 1167, which would prohibit an employer from requesting criminal history record information on an initial employee application form or stating on an initial employee application form or advertisement or specifying prior to determining a person is otherwise qualified for the position that a person with a criminal history may not apply or will not be considered for a position
- US DOJ: Statement by the Principal Deputy Assistant Attorney General for Civil Rights Leading a Coordinated Civil Rights Response to Coronavirus
- MHRC: Minutes of March 15th meeting include that Jill Duson joined the Maine Human Rights Commission as Commissioner
- MHRC: April 12th Commission Meeting Agenda posted
