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.
Monday, April 7, 2014
- Third Circuit: In vacating dismissal and remanding FLSA claim, the court followed two other circuits and adopted the federal common law standard for successor liability, which requires only “(1) continuity in operations and work force of the successor and predecessor employers; (2) notice to the successor-employer of its predecessor’s legal obligation; and (3) ability of the predecessor to provide adequate relief directly”
- Eighth Circuit: The court vacated a $900,000 jury verdict in a sexual harassment case because plaintiff’s counsel’s closing argument that lauded her client’s courage to make a complaint by contrasting it with her own reluctance to complain when she was sexually harassed while in law school was “plainly unwarranted and clearly injurious”
- Bangor Daily: MDI widow awarded $1.1 million in wrongful death lawsuit against EMMC doctor
Thursday, April 3, 2014
- US District Court ME: Magistrate Judge recommended summary judgment for plaintiff on ADA unlawful disclosure of disability-related information claim and for defendant on WPA claim because plaintiff’s reports of unlawful activity were made pursuant to his job; that summary judgment be denied on Surface Transportation Assistance Act retaliation claim because reports were protected; and that summary judgment be denied on disability discrimination claim, including claim for punitive damages
- US District Court ME: Magistrate Judge recommended summary judgment for operator of methadone treatment facility on ADA claim against town that imposed moratorium on methadone clinics
- US District Court ME: Magistrate Judge recommended that administrative law judge decision denying SSD and SSI benefits be vacated because ALJ decision did not identify plaintiff’s transferable skills
Tuesday, April 1, 2014
- First Circuit: The court reversed dismissal of Title VII and state law complaint because dismissal “was based on at least three errors of law: (1) use of the prima facie case, an evidentiary standard, as a pleading requirement; (2) dismissal of plaintiff’s retaliation claim based solely on its incorrect temporal analysis of causation at the motion-to-dismiss stage; and (3) sua sponte dismissal of certain claims without any notice to the parties”
- Fourth Circuit: The court affirmed district court’s finding that employee retirement benefit plan violated the ADEA because it required that older employees pay a greater percentage of their salaries based on their ages at the time they enrolled in the plan
- Fifth Circuit: While reversing summary judgment for employer on Title VII retaliation claim, the court held that plaintiff would need to establish a prima-facie case on remand despite the fact that employer proffered a non-discriminatory reason for its decision, noting a Circuit split on the issue when it arises prior to judgment
- Eighth Circuit: In reversing dismissal of atheist inmate’s Section 1983 complaint, the court held that the complaint pled facts sufficient to state a claim that a parole stipulation requiring inmate to attend and complete a substance abuse program with religious content in order to be eligible for early parole violates the Establishment Clause of the First Amendment
- US District Court ME: In denying defendant’s motion for summary judgment on plaintiff’s ADA, FMLA, and MHRA claims, the court held that plaintiff’s alcoholism and depression were protected disabilities despite the argument that they were minor, defendant knew about them despite manager claiming he did not, plaintiff showed that non-disabled employees were treated more favorably than him even though their situations were not exactly the same as his, and a one-week span between plaintiff returning from his second disability-related leave and his termination was a sufficient causal link to establish retaliation
- US District Court ME: Magistrate Judge reversed and remanded denial of Type II SSA benefits because Administrative Law Judge impermissibly translated raw medical records into a residual functional capacity finding without an expert opinion
Thursday, March 27, 2014
- Eleventh Circuit: In reversing summary judgment for FedEx on diabetic mechanic’s ADA claim, the court held that obtaining a DOT medical certification to drive commercial vehicles (plaintiff was ineligible because of his diabetes) was an impermissible qualification standard because occasionally test-driving trucks did not require the DOT certification
- Maine Superior Court: In denying hospital’s motion for summary judgment on operating nurse’s Maine Human Rights Act claim, the court found a factual issue for trial on whether it would have been a reasonable accommodation to provide plaintiff with a latex-free environment despite surgeons’ preference for latex operating gloves
- Maine Superior Court: In denying motion for summary judgment on medical malpractice action arising out of psychiatric hospital patient’s suicide, the court held that there was a triable issue on whether private hospital was entitled to governmental immunity because it was unclear whether hospital admitted patient under a contract with DHHS
- Maine Superior Court: The court granted summary judgment to defendants in legal malpractice action because plaintiff LLC had been administratively dissolved and therefore lacked capacity to sue, including through its prior member or manager
- Maine Superior Court: In granting summary judgment for defendant in legal malpractice claim, the court found that, even if defendant had advised plaintiff to conduct a work search during pendency of her Workers’ Compensation claim and it had resulted in her receiving 100% partial incapacity benefits, the additional benefits would have been offset by a reduction in her SSDI benefits
Wednesday, March 26, 2014
- Second Circuit: In reversing summary judgment for employer on ADA claim, the court held that the inability to sit for prolonged periods may constitute a substantial limitation on a major life activity, depending on the circumstances
- Fifth Circuit: The court followed the following burden-shifting approach from the recently adopted HUD regulations for claims of disparate impact under the FHA: first, a plaintiff must prove a prima facie case of discrimination by showing that a challenged practice causes a discriminatory effect; the defendant must then prove “that the challenged practice is necessary to achieve one or more substantial, legitimate, nondiscriminatory interests; the plaintiff must then show that the defendant’s interests “could be served by another practice that has a less discriminatory effect”
Thursday, March 20, 2014
- MHRC: March 31 Agenda and Consent Agenda posted
- Maine Legislature: Public hearing scheduled for Friday, March 21, 2014, at 1:00 PM, in the Labor Committee, Cross Building Rm 208, on LD 1833, An Act To Improve Workers’ Compensation Protection for Injured Workers Whose Employers Have Wrongfully Not Secured Workers’ Compensation Insurance
- HUD: $35,000 settlement (plus in-kind retrofit by contractor) announced in complaint alleging multifamily dwellings were built out of compliace with the accessible design requirements of the Fair Housing Act, including narrow kitchens that make it difficult for persons using wheelchairs to navigate, thermostats that are too high to be reached by persons using wheelchairs, knob-style hardware on the front doors, mailboxes that cannot be accessed by persons using wheelchairs, and a lack of designated parking and accessible routes to units
- Bangor Daily: Judge awards woman $104,000 from Maine aviation company after harrowing 15 minutes before emergency landing
Wednesday, March 19, 2014
- First Circuit: The court affirmed the dismissal of Section 1983 claim as untimely where plaintiff filed more than one year after she received notice of her termination (borrowed SOL in Puerto Rico is one year), rejecting plaintiff’s argument that the limitations period did not begin to run until a local court decision in a union action brought on her behalf found that her termination had been unlawful
- Tenth Circuit: In reversing dismissal of race discrimination claim, the court held that plaintiff had sufficiently alleged race discrimination in her EEOC complaint despite the fact that she only checked the box for “retaliation” on the complaint, where the narrative alleged supervisor made racially focused remarks, defendant investigated, and the investigations found that the supervisor had created a hostile work environment and defendant violated Title VII because it had “engaged in discrimination and retaliation”
- US District Court ME: The court approved a nearly $6 million settlement on behalf of 141 FedEx drivers in unpaid wage claim where it was disputed whether drivers were employees or independent contractors; settlement included a one-third attorney fee rather than using the lodestar method
- Maine Legislature: New bill, LD 1833, would amend the Workers’ Compensation Act to create liability for situations when an employee is injured while working for an uninsured subcontractor. In such situations, the general contractor would be responsible for payment of workers’ compensation benefits as if it were the direct employer of the injured employee, unless there is an intermediate subcontractor with workers’ compensation insurance coverage, in which case, the intermediate subcontractor is responsible for payment of all benefits due under the Act.
- Bangor Daily: Maine rights panel finds in favor of man who claimed Belfast discriminated against him because of his diabetes
- Bangor Daily: Man accused of ‘barking like a dog’ at his supervisor found not to have been victim of discrimination
Monday, March 17, 2014
- US District Court ME: In refusing to award attorney’s fees to prevailing defendant on pro se plaintiff’s section 1983 boundary dispute claim, the court held that even assuming claims were frivolous, unreasonable and without foundation plaintiff held a subjective and genuine belief that he has been wronged
- Maine Superior Court: In denying summary judgment for hospital in medical malpractice action against independent contractor physician, the court found sufficient evidence of apparent authority to hold hospital vicariously liable where hospital publications in physician waiting rooms listed doctor as an “active staff physician” and “president elect of the medical staff leadership” and physician’s office was accessed through the hospital’s front door
- Maine Superior Court: Justice entered judgment for defendant following jury-waived trial for defamation in which defendant allegedly stated plaintiff had an extramarital affair, which the court assumed could be slander per se, finding it significant that plaintiff did not confront plaintiff about the statement until over year later at which time his lawyer sent defendant a letter
- Maine Superior Court: In affirming Unemployment Commission decision that claimant was ineligible for benefits during the period while he was pursuing an appeal of a denial of benefits because he did not file weekly claim forms, the court rejected claimant’s argument that he should be excused from filing the claim forms because the appeal notice said that he had to continue to file the claims for each week he was “unemployed” but complainant was working part time
- Bangor Daily: Mapleton woman suing TD Bank, claiming age, sex discrimination
