Tuesday, October 28, 2014

US District Court ME: In refusing to adopt recommended decision granting motion for summary judgment for employer on employment discrimination punitive damages claim, the court held that employer’s adoption of a non-discrimination policy and its distribution of the policy to its employees is not, without more, proof of the policy’s “active enforcement” as is required to establish employer’s affirmative defense to punitive damages
US District Court ME: Finding potential prejudice to defendant and confusion of the jury, the court denied motion to consolidate employment discrimination complaints of three former employees of same employer where, although all three involved claims of unlawful retaliation, the facts in each differed; only one alleged age discrimination; and only one alleged racial discrimination
First Circuit: The court affirmed 12(b)(6) dismissal of complaint that union ran its hiring hall in a discriminatory way, retaliated against plaintiff for complaining about the discrimination, and breached its duty of fair representation
First Circuit: In a case of first impression in this Circuit, the court resolved the operation of the two 30-day time limits for removal of class actions to federal court

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