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.
Friday, November 6, 2015
- Law Court: Following $50,000 jury verdict in lawsuit brought by wife against husband for injuries sustained in car accident, the court held that husband’s insurer was only entitled to deduct from judgment advance payments for wife’s medical expenses ($5,619.69) to the extent they were made based on the liability provisions of the policy, not those based on the medical payments provisions
- Law Court: Following judgment for property owner in bank’s foreclosure action in which bank failed to provide adequate notice of default, the court held that adequate notice is a substantive element of proof in a foreclosure action, the judgment was therefore a judgment on the merits, and the trial court erred by reserving the bank’s right to relitigate the same issues in a subsequent foreclosure action
- US District Court ME: The court granted homeowner’s insurer’s motion for summary judgment in declaratory judgment action alleging that insurer had no duty to defend alleged sexual abuser in state court action, finding allegations fit within exclusions for bodily injuries expected or intended by an insured (based on offensive, nonmutual collateral estoppel from prior criminal convictions), and bodily injuries arising from sexual molestation
- US District Court ME: The court denied defendant’s motion for attorney’s fees under Lanham Act following dismissal of complaint for lack of standing
- Press Herald: Maine activist who accused orphanage founder of molestation denied new trial
- Bangor Daily: Committee endorses Penobscot County prosecutor to be District Court judge
Tuesday, November 3, 2015
- NY Times: Illinois District Violated Transgender Student’s Rights, U.S. Says
- NY Times: Fake Cover Letters Expose Discrimination Against Disabled
- Time: I Am Proof That Bathrooms Should Be Gender-Free
- Bangor Daily: Jury finds Rumford Hospital discriminated against nurse
- US District Court ME: The court denied post-trial motions to alter $14.5 million jury verdict in defamation action, including $5 million in presumed damages; and, on plaintiff’s challenge to court’s decision to dismiss punitive damages claim with prejudice following plaintiff’s counsel informing court during trial that it was “not going to pursue punitive damages,” declined to change dismissal to without prejudice unless the verdicts are substantially revised on appeal
- First Circuit: The court held that gun shop’s imposition of storage fees and sale of firearms owned by plaintiff charged with domestic violence was not “state action” under 42 U.S.C. § 1983 despite the fact that gun shop was acting under authority of state law
Friday, October 30, 2015
- Sixth Circuit: En banc court reversed summary judgment for defendants and entered it for plaintiffs in First Amendment lawsuit brought by evangelical plaintiffs who were removed by defendant police officers from Arab Festival after crowd started hurling bottles at them for speaking, wearing t-shirts, and carrying banners highly offensive to the predominantly Muslim crowd–speech did not fit within the exceptions of “incitement” because there was no evidence plaintiffs subjectively intended to spur the audience to violence or “fighting words” because it was directed at the crowd and not any particular individual
- MHRC: According to its 2015 Annual Report, although only 15% of the cases voted on by the Maine Human Rights Commission had “reasonable grounds” to believe that unlawful discrimination occurred, 57% of the 667 cases closed had merit, including 155 pre-determination settlements (or withdrawals with benefits to the complainant), 185 right-to-sue letters, 35 reasonable-grounds case votes, eight post-reasonable grounds conciliation agreements, and six post-conciliation settlements
- US District Court ME: Summary judgment denied in defamation action where defendant published statement that plaintiff was “convicted of cheating a former partner out of $1.0 million,” but plaintiff had in fact not been charged criminally but found to have committed fraud in a civil action
- EEOC: Proposed rule, which amends the regulations implementing Title II of the Genetic Information Nondiscrimination Act, clarifies the types of incentives an employer may offer to an employee whose spouse is covered under the employee’s health plan for providing information about his or her current or past health status
Wednesday, October 28, 2015
- Law Court: Oral arguments scheduled for November 3-5 include Yor-14-554 Bruce Plante et al. v. Ronald P. Long, a libel suit brought by a town fire chief and assistant fire chief against a resident, which will decide whether the Superior Court erred in denying defendant’s anti-SLAPP motion to dismiss because the motion was untimely and it was unclear if the plaintiffs’ claims were barred
- MHRC: November 23rd Agenda posted
- Press Herald: Maine Human Rights Commission postpones vote on BIW discrimination complaints
- Bangor Daily: Brooks woman sues trooper, alleging he kicked in her door
Friday, October 23, 2015
- HUD: Proposed rule defines “quid pro quo” and “hostile environment harassment” as prohibited under the Fair Housing Act (FHA), adds illustrations of discriminatory housing practices that constitute such harassment, and clarifies the operation of traditional principles of direct and vicarious liability under the FHA
- First Circuit: The court affirmed summary judgment for employer on Age Discrimination in Employment Act claim because, although plaintiff’s affidavit stated that “several younger directors with less experience and seniority were not fired,” she did not provide their ages or show that the retained employees were “significantly younger”
- Law Court: In affirming 12(b)(6) dismissal of Maine and federal constitutional claims arising out of “Stop Work” order issued by municipal code enforcement officer, the court held the complaint failed to allege that the CEO’s actions were taken pursuant to a municipal policy (thus there was no municipal liability), failed to pursue available administrative relief by appealing the CEO’s order to the town Board of Appeals, and failed to allege that plaintiff faced discriminatory treatment as compared with others who were similarly situated
- EEOC: Jury awards $240,000 to two Somalian-American Muslims who were fired from their jobs as truck drivers when they refused to transport alcohol because it violated their religious beliefs
- Press Herald: Maine rights panel to hear arguments on BIW workers’ bias complaints
- MPBN: Portland Settles Lawsuit Filed by Anti-Abortion Activists
Tuesday, October 20, 2015
- Maine Legislature: Effective October 15, 2015, new law, “Employee Social Media Privacy,” prohibits employers from requiring employees or applicants to disclose personal social media account information, provide passwords, otherwise allow access to, add the employer or others to contacts associated with, or change settings that affect a 3rd party’s ability to view personal social media account information
- Maine Legislature: Effective October 15, 2015, remedies are increased for violations of Maine’s law prohibiting employers from denying leave to or sanctioning victims of domestic abuse
- US District Court ME: Magistrate Judge recommended remand of removed forcible entry and detainer action brought by Florida plaintiff against Maine Defendant where plaintiff’s claim for the possession of property did not satisfy the amount in controversy requirement for diversity jurisdiction
- Press Herald: Alleging sexual harassment, Waterville woman sues T-Mobile
Friday, October 16, 2015
- Ninth Circuit: Despite adopting the Seventh Circuit’s standard under Age Discrimination in Employment Act that an average age difference of ten years or more between plaintiff and replacements will be presumptively substantial, whereas an age difference of less than ten years will be presumptively insubstantial, the court reversed summary judgment for employer where age difference between plaintiff and successful applicants was eight years because person who influenced the hiring decision (cat’s paw metaphor) expressed a preference for younger applicants
- MHRC: 10/26/15 Commission Meeting Agenda and Consent Agenda posted
- Bangor Daily: Maine justices send gay divorce question back to District Court
- Bangor Daily: Rockport woman files lawsuit against domestic abuser
- Kennebec Journal: Jury clears Somerset County Jail guards in civil rights suit
- US DOJ: Settlement reached in charge claiming that the company discriminated against a non-U.S. citizen in violation of the Immigration and Nationality Act (INA) by improperly requiring him to present a new Permanent Resident Card (Green Card); INA prohibits employers from making specific documentary demands or requesting unnecessary work-authorization documents based on citizenship status or national origin when verifying or re-verifying an employee’s employment eligibility
- US DOJ: Post “Fighting Discrimination in Employment Under the ADA” summarizes the DOJ’s efforts to break down barriers to employment for individuals with disabilities
- HUD: Landlord charged with violating Fair Housing Act for pursuing eviction against tenant with emotional support animal after concluding that tenant had not sufficiently demonstrated his need for the animal (Assistant Secretary: “It’s not a landlord’s role to determine what a resident with disabilities needs in order to perform life’s daily functions”)
Wednesday, October 14, 2015
- Law Court: The court discharged Rule 24 Report (issued by the District Court for interlocutory Law Court review) because, in light of Obergefell v. Hodges, lower court had sufficient guidance to answer question whether property acquired during same-sex marriage in Massachusetts prior to Maine recognizing same-sex marriage should be treated as marital property in Maine same-sex divorce action
- First Circuit: In partially reversing summary judgment for defendants in defamation action under Maine law, the court held that some but not other statements were capable of a defamatory meaning and were provably false
- US DOL: $400,000 settlement reached following Department of Labor investigation finding that government contractor discriminated against women in violation of Executive Order 11246 when it denied jobs to 145 female applicants for pharmacy attendant positions
Saturday, October 10, 2015
- US Supreme Court: Oral argument will be November 30th in Green v. Brennan on question presented: Whether, under federal employment discrimination law, the filing period for a constructive discharge claim begins to run when an employee resigns, as five circuits have held, or at the time of an employer’s last allegedly discriminatory act giving rise to the resignation, as three other circuits have held
- ME Superior Court: The court denied school’s motion for summary judgment on former manager’s Whistleblowers’ Protection Act complaint, finding reports of “injurious hazing” by subordinate were covered by WPA despite argument that alleged hazing was protected union activity, and there was a sufficient causal connection between reports and adverse employment decision despite 5-month gap where more proximate emails referred to reports
- ME Superior Court: The court reversed Unemployment Insurance Commission imposition of $47,047.50 overpayment and penalty, finding that Commission ignored important evidence in its finding that claimant represented that he was not working or receiving pay when, in fact, he was working and entitled to pay, but chose to defer payment so that he could continue to receive unemployment benefits
- First Circuit: The court affirmed judgment on defense jury verdict in discrimination claim brought by orthopedic resident, rejecting her claim that the district court miscalibrated the statute of limitations, improperly denied recusal, made erroneous evidentiary rulings, and committed instructional errors
- Press Herald: Judge approves $338 million settlement in Lac-Megantic train disaster
