Friday, March 13, 2015
- First Circuit: Noting that the standard of review of an arbitrator’s ruling is “among the narrowest known in the law,” the court upheld a $600,000 award to plaintiff in an employment discrimination case in which arbitration panel’s decision was based on a law plaintiff did not assert and the statute of limitations may have expired
- First Circuit: In dismissing defendants’ appeal from denial of summary judgment on pretrial detainee’s constitutional claims, the court held that defendants did not come forward with any purely legal issues that called into question the district court’s denial of their motion for summary judgment on qualified immunity grounds
- Maine Superior Court: In denying defendant’s motion for summary judgment in automobile negligence action in which plaintiff pulled out in front of defendant who had the right of way, the court held that plaintiff’s testimony that he had a 100′ clear line of site before pulling out countered defendant’s testimony that he was driving within the speed limit and, even if defendant was going the speed limit, a jury could find that he was negligent if he failed to stop in time
- Maine Superior Court: The court granted motion for attachment of $75,000 in claim arising out of unlawful sexual contact
- Maine Superior Court: In granting summary judgment for defendant in negligence action in which decedent was found at the bottom of stairs that plaintiff’s expert testified were defective, the court found insufficient evidence (there were no eyewitnesses) that the defects proximately caused the fall
- Maine Superior Court: In awarding reinstatement to her former position and back pay of $1823.44 in case in which jury found plaintiff was fired in violation of Whistleblowers’ Protection Act but awarded no damages, the court rejected plaintiff’s argument that she should have a different supervisor because she did not show that she would be treated with hostility by her former supervisor
- Maine Superior Court: In denying plaintiff’s motion for summary judgment in medical malpractice claim, the court found that there were conflicting expert opinions on the applicable standard of care and noted (but did not find determinative) the admissibility of the Maine Health Security Act panel findings in defendant’s favor
- Maine Legislature: LD 921 would create a right to a leave of absence for employees who are victims of violence and prohibit employment discrimination against them
- Maine Legislature: LD 872 would create a commission to study training and certification requirements of service animals and methods of disseminating information about them to the public
- MHRC: March 23rd Agenda and Consent Agenda posted
- Bangor Daily: Muslim suing Bath Iron Works for discrimination drops 3 of 5 complaints