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, February 14, 2014
- Law Court: In affirming judgment on jury verdict for nursing home in negligence action arising out of resident’s fall (and subsequent death) that could have been prevented if glove dispensers had been installed in bathrooms or staff had been instruced to carry gloves, the court held that evidence that the nursing home subsequently installed glove dispensers and instructed staff to wear gloves was properly excluded as “subsequent remedial measures” because nursing home conceded the feasibility of doing so at trial and contrary evidence was only elicited during cross examination of defendant’s witness by plaintiff’s attorney
- US District Court ME: In granting plaintiffs’ motion for conditional certification of a “collective action” for unpaid overtime wages under Fair Labor Standards Act, the court held that plaintiffs had met their required “modest factual showing” of a reasonable basis for their claim that there are other similarly situated employees and ordered defendant to provide plaintiffs with all potential opt-in plaintiffs’ names, last known mailing addresses, and dates of employment in order for plaintiffs to provide them notice and opt-in consent forms
Thursday, February 13, 2014
- US District Court ME: In dismissing Maine wage and hour statutory claim against individual corporate officer and owner, the court relied on the Law Court’s decision in Fuhrmann v. Staples, which held that individual supervisors are not liable as “employers” under the Maine Human Rights Act
- MHRC: The Maine Human Rights Commission posted its revised Commission Meeting and Consent Agenda for February 24, 2014
- Bangor Daily: Judge rules Portland ordinance banning panhandlers, others from median strips is unconstitutional
Wednesday, February 12, 2014
- Law Court: In vacating judgment for defendant on medical malpractice jury verdict, the court held that Superior Court erred in admitting unanimous medical malpractice prelitigation prelitigation screening panel finding where panel chair’s email to the parties notifying them of the decision revealed that she had relied on information that was not presented to the panel (her own doctor’s practices) in rendering her decision
- Fourth Circuit: In affirming summary judgment for plaintiff ACLU, the court held that North Carolina’s authorizing a “Choose Life” plate while refusing to authorize a pro-choice plate constitutes viewpoint discrimination in violation of the First Amendment
Monday, February 10, 2014
- First Circuit: In affirming dismissal of claim under Federal Tort Claims Act brought by injured guest at Commandant’s House in Boston, the court held that decision not to increase height of railing to 42 inches, as required by the Massachusetts building code, fit within FTCA’s discretionary-function exception
- Sixth Circuit: Court vacated dismissal of state-law wrongful eviction complaint because tenant was evicted after foreclosure sale without 90-day notice as required by the Protecting Tenants at Foreclosure Act of 2009
- EEOC: Press release describes EEOC lawsuit against CVS for violation of Title VII § 707, which prohibits pattern or practice of resistance to the full enjoyment of any of the rights secured by Title VII, alleging CVS severence agreements interfered with employees’ right to file discrimination charges and/or communicate and cooperate with the EEOC
Thursday, February 6, 2014
- EEOC: 2013 enforcement and litigation data reflects that retaliation was the most frequent (41%) allegation in the 93,727 charges received; that the most frequent issues were discharge, followed by terms and conditions of employment, and harassment; and that the EEOC itself filed 131 merit lawsuits, including 78 under Title VII
- DOJ: $15,000 settlement agreement reached in ADA lawsuit against Rite Aid for refusing to administer flu shot to customer because he has HIV
- NLRB: Amendments to representation case procedures proposed
- Bangor Daily: Is diabetes a disability? Yes, according to Maine Human Rights Commission investigator
Tuesday, February 4, 2014
- Eighth Circuit: Reversing summary judgment for supervisor in five prison guards’ §1981 and §1983 racial harassment claims, the court held that the district court improperly looked at the racial comments directly experienced by a particular plaintiff in isolation rather than considering them collectively for all plaintiffs because while “each individual did not hear every remark referenced in their complaint or depositions, each black officer became aware of them”
- Fifth Circuit: The court affirmed summary judgment on overtime claim under Fair Labor Standards Act for direct caregivers who were not paid for time spent in homes from 10 PM to 6 AM, finding sufficient evidence that they were “employees” and not independent contractors, that FLSA companionship services exemption did not apply, and district court did not err in refusing to omit a liquidated damages award
- Fourth Circuit: In vacating summary judgment for state prison on inmates First Amendment claim, the court held that the prison’s voluntary cessation of policy of requiring inmates to provide physical indicia of Islamic faith in order to receive special meals to observe Ramadan did not moot inmate’s claims because prison failed to make it “absolutely clear that the allegedly wrongful behavior could not reasonably be expected to recur”
- Bangor Daily: Wisconsin woman claims Camden Harbour Inn discriminated against her and disabled husband
Monday, February 3, 2014
- First Circuit: Panel (that included retired Associate Justice David Souter) affirmed summary judgment for employer on Title VII sexual harassment and retaliation claims, holding, in part, that employee failed to establish prima-facie case of retaliation when arguably protected activity occurred in February-March 2011 and termination occurred in May 2011 but “the larger picture quite clearly undermines” the causal connection
- US Dept of Justice: New technical assistance document published summarizing ADA Title II (state and local governments) and Title III (public accommodations and commercial facilities) regulations covering Wheelchairs, Mobility Aids, and Other Power-Driven Mobility Devices
- US Dept of Justice: New technical assistance document published summarizing ADA Title II (state and local governments) and Title III (public accommodations and commercial facilities) regulations covering Effective Communication for vision, hearing, and speech disabilities
- SSA: Social Security Administration announced that it published New Supplemental Security Income Rules Involving Same-Sex Married Couples following Supreme Court’s decision striking down the Defense of Marriage Act
- Maine Women’s Lobby: Monthly newsletter covers pending legislation and court decisions that the Maine Women’s Lobby is following
