Legal Updates
John Gause monitors what’s happening in employment discrimination, civil rights, and tort law. He shares some of what he finds on this page.
Thursday, August 4, 2016
- Law Court: In claim by property owner against town fire department and town’s excavating contractor claiming fire damage could have been minimized were it not for defendants’ negligence, the court held that contractor was entitled to intentional act immunity as an “employee” of the town (despite being a corporation) under the Maine Tort Claims Act because the town maintained control over “the details of the performance,” not simply “the result to be obtained”; and town was immune because immunity exception for the “ownership, maintenance or use of vehicles, machinery and equipment” did not apply to use of fire truck where claim was for imprudent tactical decisions in the course of fighting the fire, not a harm that flows naturally or directly from the negligent use or maintenance of vehicles
- Maine Superior Court: The court granted summary judgment for insurers on uninsured motorist claim arising out of hit-and-run assailant ramming decedent’s car and then killing him with gunshots, finding that, although it was an “extremely close call” (unresolved by the Law Court) whether UM coverage may apply to intentional acts, there was no coverage because death did not arise from the use of a vehicle (it resulted from the gunshots)
- US Supreme Court: The Court stayed District Court order requiring high school to allow transgender student to use bathroom consistent with her gender identity pending filing and disposition of petition for a writ of certiorari
- MHRC: August 8th Commission Meeting Agenda and Consent Agenda posted
- New York Times: Illegal in Massachusetts: Asking Your Salary in a Job Interview
Friday, July 29, 2016
- Seventh Circuit: The court held that Title VII does not prohibit sexual orientation discrimination per se, parting ways with the EEOC’s interpretation that it does
- US District Court ME: Relying on an advisory committee note to Federal Rule of Civil Procedure 4(m), the court permitted late service of complaint (97 days after the complaint was filed instead of the required 90 days) despite lack of “good cause” where defendant did not show prejudice and plaintiff would have otherwise been severely prejudiced because the applicable statute of limitations would have barred a later complaint
Wednesday, July 27, 2016
- US District Court ME: In ERISA claim court entered judgement on the record for disability insurer that proceeds from personal injury settlement would be subtracted from disability insurance benefits pursuant to the terms of the plan
- US District Court ME: Magistrate Judge denied motion to add additional defendant three months after the deadline in the scheduling order had passed, finding a lack of good cause because plaintiff was aware of his potential claim against additional defendant when he filed the action, discovery would have to be extended resulting in a delay of the trial, and plaintiff did not explain the reason for the delay
- First Circuit: The court reversed dismissal of political affiliation suit against Puerto Rico special-purpose public corporation under Eleventh Amendment immunity principles, finding corporation was not so closely tied to the Puerto Rico government to be properly understood as an “arm” of the Commonwealth
Monday, July 18, 2016
- 10th Circuit: The court held that plasma donation center was a “service establishment” and thus a “public accommodation” covered by Title III of the Americans with Disabilities Act despite the fact that, unlike the listed examples of service establishments, it did not charge a fee for its services (it paid for plasma donations)
- US District Court ME: Before ruling on defendants’ motion to dismiss § 1983 claims against municipal defendant and police chief arising out of alleged sexual assaults by police officers more than six years prior to complaint, the court noted that the § 1983 six-year statute of limitations against municipality and chief runs from when plaintiffs knew or should have known of their role in the abuse as opposed to from the dates of the abuse, but invited the parties to address the applicability of a First Circuit decision in which it held (expressing a minority view) that the viability of a 1983 claim against individual municipal officers is a prerequisite to having a viable claim against a supervisor or municipality
- Law Court: The court affirmed Unemployment Insurance Commission decision that former retail worker was ineligible for Unemployment benefits because she was “available for full-time work” in her normal occupation where she was unable to work her former retail schedule because of her husband’s job change and its impact on her childcare situation
- Law Court: The court affirmed summary judgment on claim that plaintiff was constructively discharged for engaging in protected activity under the Whistleblowers’ Protection Act, finding that, although plaintiff’s supervisors alienated her, criticized her, and issued a negative performance review with a thirty-day performance plan due to her complaints of illegal and/or unsafe activity, the evidence would not allow a jury to reasonably conclude that the working conditions were so difficult or unpleasant that a reasonable person in plaintiff’s shoes would have felt compelled to resign
- Law Court: The court affirmed summary judgment for employer and truck rental company on negligence claim arising out of automobile accident, where plaintiff had consistently argued that he was employed by employer and that rental company was vicariously liable, thus invoking the Workers’ Comp exclusivity provision
- Law Court: In remanding case to Superior Court to determine amounts due under medical payments provision of auto policy, the court held that payments under medical payments provision were in addition to payments due under underinsured motorist provision
- First Circuit: The court held that Federal Rule of Civil Procedure 25(c) (allowing substitution or joinder of an asset transferee) could be invoked to enforce a judgment and that District Court did not err by joining parties under Rule 25(c) as alter egos and holding them liable for the full judgment as opposed to just the amount of the transferred assets
- MHRC: August 8th Commission Meeting Agenda posted
- Maine Department of Labor: Summer Employer Update includes discussion of how the USDOL’s new overtime rules apply in Maine and that OSHA penalties will increase August 1st
Tuesday, July 12, 2016
- First Circuit: The court reversed summary judgment for defendant on Title VII sex discrimination and sexual harassment claims, holding that plaintiff presented sufficient evidence of an adverse employment action, that the action was motivated by plaintiff’s sex, that the alleged harassment was severe or pervasive, and that plaintiff’s failure to adhere to defendant’s sexual harassment reporting procedures was reasonable (overcoming Faragher/Ellerth defense)
- Law Court: In granting summary judgment for defendant on wrongful death negligence action arising out of decedent’s fall on defendant’s stairs, the court held that there was insufficient evidence that defective stairway caused decedent’s fall where her husband testified during his deposition that he did not know how she fell (and the Superior Court properly disregarded his subsequent inconsistent affidavit) and plaintiff’s expert was not designated to offer an opinion on causation
- Law Court: The court held that discrete claims within a single action may be individually dismissed under Maine’s anti-SLAPP statute
- US District Court ME: U.S. District Judge John A. Woodcock, Jr. Will Take Senior Status in 2017
- US District Court ME: In granting defendant’s motion to amend answer (to employment discrimination complaint) to include that plaintiff made misrepresentations on his employment application, Magistrate Judge held that, although motion was made one year after deadline to amend, defendant conducted a necessary investigation within a reasonable period of time under the circumstances and filed the motion soon after completing the investigation
- MHRC: August 8th Commission Meeting Agenda posted
Thursday, July 7, 2016
Saturday, July 2, 2016
- Fifth Circuit: The court held that it had subject matter jurisdiction to hear Administrative Procedure Act declaratory judgment action by State of Texas challenging Equal Employment Opportunity Commission guidance regarding the hiring of persons with criminal backgrounds
- DC Circuit: The court held that all parts of the definition of “disability” in the ADA Amendments Act of 2008 applied to the Rehabilitation Act
- First Circuit: In affirming $250,000 punitive damages award on whistleblower claim brought under the Federal Railroad Safety Act (“FRSA”), the court held that the District Court properly instructed the jury in the “reckless disregard” standard for awarding punitive damages rather the Maine common-law “malice” standard
- First Circuit: The court held that “public disclosure bar” (foreclosing private qui tam False Claims Act suits where the fraudulent activity had already been publicly disclosed) warranted dismissal
- US District Court ME: The court granted summary judgment for city on racial discrimination claim arising out of issuance of taxi permits where plaintiff lacked standing because he only showed that it was possible that he would apply for a permit if given the opportunity, not that it was likely he would apply
- US DOJ: Updated ADA Checklist for Polling Places published
- EEOC: New “Digest of EEO Law” includes article listing factors considered in awarding various sums for compensatory damages
- MHRC: Minutes from June 27th meeting reflect discussion of several position vacancies
Wednesday, June 29, 2016
- US Supreme Court: Certiorari granted in Fair Housing Act claim brought by city allegedly harmed by discriminatory loan practices of residential mortgage lenders will decide whether FHA, by limiting suit to “aggrieved persons” (same language as in Title VII), Congress required that a FHA plaintiff plead more than just Article III injury-in-fact
- US Supreme Court: Certiorari granted in case that will decide whether driver-education program farmed out to a private vendor was a “service, program, or activity” of the state within the meaning Title II of the ADA and Section 504 of the Rehabilitation Act
- US District Court ME: Magistrate recommended summary judgment on denial of reasonable accommodation claim brought by former Certified Residential Medication Aide who left work while experiencing a panic and asthma attack because plaintiff did not request accommodation until after returning to work; denial of summary judgment on termination claim in light of close temporal relationship between the termination and plaintiff’s disclosure of her medical conditions, and the fact that employer did not terminate other employees who, without advance notice, were late for work or did not report to work; and denial of summary judgment on “substantive entitlement” and “negative factor” FMLA claims
- US District Court ME: The court granted summary judgment on disability termination claim, finding a lack of evidence that former employer regarded plaintiff as being disabled where, although it may have known that plaintiff drank to excess, there was insufficient evidence that it regarded plaintiff as being alcoholic; and there was no causal connection between Plaintiff’s alleged disability and the termination of his employment or a trialworthy issue on pretext for disability discrimination
- First Circuit: The court affirmed summary judgment for employer on disability termination claim, finding that the record established that the defendants acted for a legitimate, non-discriminatory reason
- Law Court: The court affirmed summary judgment for defendants on claim of tortious interference with expectancy of an inheritance where plaintiff’s affidavits were vague, lacked a basis for personal knowledge, and were largely based on inadmissible hearsay, and thus were insufficient to constitute prima facie evidence that defendants’ interference caused plaintiff to lose inheritance
- Maine Superior Court: After jury-waived trial, Superior Court Justice held that Town did not abuse its discretion or violate former deputy treasurer’s administrative due process by failing to reinstate her
- Kennebec Journal: Panel finds sex discrimination in Augusta employment, housing cases
- Bangor Daily: Judge dismisses former Bar Harbor police chief’s discrimination suit
Saturday, June 25, 2016
- US District Court ME: Magistrate Judge recommended denial of uncontested motion to redact trial transcript to refer to current and former employees by initials only, in light of the fact that the information was presented as evidence at a public trial, and given that the public interest in access to judicial decisions and the record upon which the decisions are based is of paramount significance
- US District Court ME: Magistrate Judge recommended summary judgement for school on negligence claim brought by occupational therapy student who alleged she was injured while moving mock patient, where plaintiff did not offer an expert opinion on questions that were not within an average juror’s common sense, knowledge, or experience
- Kennebec Journal: Kennebec County settles lawsuit brought by former sheriff’s department captain
- Press Herald: Discrimination complaint filed against South Portland City Council
