Thursday, June 12, 2014
- US Supreme Court: The Court held that the “discovery rule” in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, which preempts state statutes of limitations in actions for personal injury or property damage arising from the release of a hazardous materials into the environment, does not preempt state “statutes of repose,” which are distinguishable from state “statutes of limitations”
- Law Court: In affirming $200,000 judgment on jury verdict for plaintiff in medical malpractice action arising out of misdiagnosis in which plaintiff was told he had a cancer with a life expectancy of less than one year and maybe months, the court upheld the Superior Court’s decision to admit a redacted letter from hospital president stating that doctor “realizes now that prior to sharing his clinical impressions with you, he needed to wait for the results of the biopsy to confirm what the cancer was,” because it was not precluded by the “apology statute” in the Maine Health Security Act, by Maine Rule of Evidence 408(a) as an offer of compromise, or by Rule 403
- Law Court: In affirming Probate Court decision denying petition for a formal adjudication of intestacy and for appointment as personal representative, the court held that the Probate Court did not abuse its discretion in allowing late-designated expert to testify because, although there was no showing of “excusable neglect” under Maine Rule of Civil Procedure 6(b) (which was applicable), the opposing party was not “unfairly surprised” by the expert’s testimony
- HUD: Settlement announced in which apartment complex developer will make modifications to newly built apartment complex that is out of compliance with accessible design requirements of Fair Housing act, including walkways that are too steep; outlets and thermostatic controls that are too high to be reached by individuals using wheelchairs; doors with inaccessible thresholds; bathrooms that do not contain enough space for people using wheelchairs; mailboxes that are too high to be reached by individuals using wheelchairs; and a common laundry room that is too narrow for wheelchair access
- Maine Dept of Labor: May/June edition of Employer Update includes reference to ten upcoming videos that describe the unemployment system including “How to File an Appeal” and “The Hearing Process”
- Bangor Daily: Former employees accuse Village Candle founder of sexual harassment
- Sun Journal: Panel upholds investigator’s no discrimination in Franklin County firing of Jay corrections officer