Tuesday, December 2, 2014
- Bangor Daily: Transgender student’s lawsuit ends with $75K award, order telling Orono schools to allow bathroom access
- Law Court: In legal malpractice claim, the court adopted the “multifactor third-party beneficiary test” for determining the scope of an attorney’s duty of care to nonclients
- Law Court: Oral arguments scheduled for December 9th and 10th, including Pen 14-139, in which plaintiff is appealing summary judgment for college fraternity on negligence claims and dismissal of vicarious liability claim against fraternity because plaintiff settled with member
- US Courts: Amendments to various rules took effect December 1, 2014, including amendment to the hearsay rules for prior consistent statements and records of regularly conducted activity
- US District Court ME: Magistrate granted motion to quash subpoena served on third party after close of discovery where issuing party did not first seek court order allowing it and did not provide advance notice to opposing party
- US District Court ME: Magistrate recommended judgment for RSU on Individuals with Disabilities Act and Maine law appeal based, in part, on change in statute of limitations for requesting an administrative hearing from four to two years
- US District Court ME: Magistrate granted motion to amend complaint to include Family Medical Leave Act claim where complaint sufficiently alleged willful violation (making three-year statute of limitations applicable)
- First Circuit: The court affirmed dismissal of False Claims Act qui tam action based on “first-to-file” rule
- US Supreme Court: Oral argument set for Wednesday, December 2nd, in Young v. UPS, which will decide the following question presented: Whether, and in what circumstances, an employer that provides work accommodations to nonpregnant employees with work limitations must provide work accommodations to pregnant employees who are “similar in their ability or inability to work”
