Friday, August 22, 2014

First Circuit: In affirming summary judgment for builder-seller of home after buyer paid $1.5 million in repairs, court held that there was no breach of the implied warranty of habitability (under Maine law) because builder, who lived in home before selling it, was not a “builder-vendor” (contractor who builds home for the purposes of sale) and home was not a “new home,” as is required; and “as is” provision in contract defeated fraud and negligent misrepresentation claims because it showed lack of “justifiable reliance”
First Circuit: In vacating district court decision, the court held that Maine’s unpaid wage law (rather than California’s) applied to jury finding of breach of quasi-contract between Maine-resident salesman and California-based employer, and that prejudgment interest is recoverable on the entire amount awarded in unpaid wages and liquidated damages (an additional amount equal to double the amount of unpaid wages), not just the amount for unpaid wages
EEOC: In the EEOC’s first lawsuit to directly challenge an employer’s wellness program (94% of large employers use them), EEOC alleges program violated the ADA because it required medical examinations and made disability-related inquiries and employer shifted responsibility for payment of the entire premium for health benefits onto employee who refused to participate in program

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