Friday, June 20, 2014
- US Supreme Court: The Court held that plaintiff’s testimony about a former subordinate’s fraudulent activity in her criminal trial was speech as a citizen on a matter of public concern (and therefore protected by the First Amendment) despite the fact that plaintiff learned of the subject matter of his testimony in the course of his employment, but individual defendant was entitled to qualified immunity because plaintiff’s right was not clearly established at the time of his termination, meaning his boss could have reasonably believed that a government employer could fire an employee on account of testimony the employee gave under oath and outside the scope of his ordinary job responsibilities
- First Circuit: The court affirmed summary judgment for employer on First Amendment political affiliation discrimination claim, finding defendant established Mt. Healthy defense by proving by a preponderance of the evidence that it would have taken the same action against the plaintiff even in the absence of protected conduct
- First Circuit: In affirming denial of motion to compel compliance with discovery subpoena against nonparty on grounds that the burden or expense of compliance was outweighed by the likely benefit, the court held that plaintiff failed to meet its burden on appeal of showing the lower court abused its discretion, meaning the “discovery order was plainly wrong and resulted in substantial prejudice to the aggrieved party”
- Law Court: In holding that defendant insurer had duty to defend under homeowner’s policy, the court held that complaint brought by condominium assocation seeking damages against plaintiff homeowner, which alleged that plaintiff’s dog had bitten people, met the broad standard for a duty to defend: if a complaint “reveals a mere potential that the facts may come within the coverage, then the duty to defend exists”
- Bangor Daily: Terminated Orono fire chief files lawsuit claiming age discrimination
