Monday, March 3, 2014
- Law Court: In affirming judgment on jury verdict for plaintiff on claim under the Whistleblowers’ Protection Act, the court modified its earlier interpretation of the WPA in Costain v. Sunbury Primary Care, P.A. that the illegal or unsafe activity reported by employee had to be committed or practiced by plaintiff’s employer as follows: the report must address violations, conditions, or practices that the employer has the ability and authority to correct, and those violations, conditions, or practices complained of must bear a direct relationship to the employee’s current employer. In other words, the reported offending conduct must be reported by a person who is then an employee and must be connected to the employer in such a way that the employer could take corrective action to effectuate a relevant change.
- Law Court: The court affirmed the dismissal as moot an 80B appeal by the Hancock County Sheriff that the Hancock County Commissioners exceeded their authority in requiring a deputy to pay a $1000 deductible for damage to a cruiser when the deputy struck a deer where the Commissioners later rescinded their decision to collect the deductible.
- First Circuit: In affirming dismissal of petition for declaratory relief regarding the preclusive effect of a prior arbitration, the court held that a dispute over the preclusive effect of a prior arbitration is itself arbitrable as opposed to being a matter for the federal court to decide, even when an arbitration decision is confirmed by a federal court order
- US District Court ME: In denying 12(b)(6) motion to dismiss deceased mechanic’s asbestos exposure claim, the court held that the complaint did not need to identify the specific products that caused the injury because it plausibly alleges that his injuries were caused by the ingestion of asbestos fibers emanating from multiple products by multiple manufacturers over a lengthy period of time
- Maine Legislature: Public hearing scheduled for Tuesday, March 4, 2014, at 2:15 PM, in the Judiciary Committee Room 438, State House, on LD 1789, An Act To Modernize and Improve the Efficiency of Maine’s Courts, which would authorize the Maine Governmental Facilities Authority to issue additional securities in an amount not to exceed $15,000,000 to fund the planning, purchasing, customizing and implementing of a case management, data storage and electronic filing system for the judicial branch in order to increase court efficiency and improve public service and safety
- MHRC: The Commission posted its March 31, 2014, Commission Meeting Agenda
- US Dept. of Labor: Letter to the Maine Department of Labor following review of Maine Unemployment Compensation Program cites legitimate concerns about the first-level appeals and pressure from the Governor for hearing officers to be more sympathetic to employers
- Bangor Daily: State Supreme Court: Man wrongly fired for saying Baldacci violated safety rules
