Tuesday, June 17, 2014
- First Circuit: In affirming dismissal of ERISA claim arising out of termination of long-term disability benefits, the court held that plan administrator’s decision was neither arbitrary nor capricious despite the fact that administrator credited the opinion of a physical therapist over plaintiff’s treating doctor
- 10th Circuit: In affirming judgment following jury verdict for plaintiff on Title VII claim, the court held that McDonnell Douglas is inapplicable to judgment as a matter of law analysis and plaintiff could not recover attorney’s fees incurred during employer’s optional workplace grievance process
- 6th Circuit: In reversing summary judgment for creditor in breach of guarantee action, the court (as a matter of first impression) held that Regulation B interpreting the Equal Credit Opportunity Act, which prohibits a creditor from requiring an applicant’s spouse to guarantee a credit instrument even if someone is required to execute a guarantee, may be asserted as an affirmative defense of recoupment
- District Court ME: In Magistrate Judge’s recommended ruling on defendant’s motion to dismiss, the court held that plaintiff’s defamation claim against former employer survived dismissal despite Workers’ Compensation Act exclusivity provision; that plaintiff sufficiently alleged a breach of employment contract; and that plaintiff failed to allege a sufficient contravention of public policy to support a “wrongful discharge” claim where plaintiff alleged that termination lacks good cause, is based on improper motivation and false accusations, and is followed by the employer’s failure to produce the employee’s personnel file
- MHRC: July 14th Commission Meeting Agenda and Consent Agenda posted
- Press Herald: Order will ban federal contractors from discriminating based on sexual orientation
- Press Herald: Mother of infant girl files lawsuit against Fairfield baby sitter, daughter
- Bangor Daily: Jury awards Millinocket woman more than $200,000 for botched eye surgery
