Thursday, June 11, 2015
- Superior Court: Summary judgment for employer denied on sexual harassment claim where supervisor called plaintiff a “bitch” on multiple occasions, yelled at her, tried to intimidate her, stood uncomfortably close to her, and threatened her by saying “you better watch out”
- Superior Court: In granting motion for summary judgment on negligence claim, the court held that owner of property abutting public sidewalk where plaintiff slipped and fell on untreated ice and snow did not owe plaintiff a duty of care as a “possessor” of the sidewalk (meaning by occupancy manifested an intent to control it) where only evidence of an intent to control was a curb cut allowing deliveries
- First Circuit: In affirming summary judgment for employer on Maine Whistleblowers’ Protection Act claim, the court held that plaintiff failed to show employer’s nondiscriminatory reason for firing plaintiff for drug diversion was pretextual despite plaintiff’s evidence that she did not, in fact, divert drugs, because “evidence of a decisionmaker’s mistaken judgment is not dispositive of the question of pretext unless that evidence would permit the factfinder to conclude that the stated nondiscriminatory justification for the adverse employment action was either knowingly false or made in bad faith”
- US DOJ: New guidance document, “ADA Update: A Primer for State and Local Governments,” provides general guidance to assist State and local governments in understanding and complying with the ADA’s requirements
- US DOJ: Letter finds that Amtrak discriminated against persons with disabilities in violation of the ADA by failing to make existing station facilities in its intercity rail transportation system, for which it is responsible, accessible
- EEOC: In third lawsuit filed by EEOC under Title VII alleging that gender identity discrimination constitutes sex discrimination, EEOC alleges employer refused to let transgender employee use the women’s restroom and supervisors and coworkers subjected employee to a hostile work environment, including hurtful epithets and intentionally using the wrong gender pronouns to refer to her
- US District Court ME: In overruling objection, the court held that Magistrate Judge’s decision granting motion to amend complaint to include additional parties was a non-dispositive pretrial matter and would only be corrected if it was “clearly erroneous or is contrary to law”
- US District Court ME: In dismissing corporate plaintiff’s claims, the court made “an ‘informed prophecy’ that the Law Court would not recognize a corporation’s right to maintain an action for false light invasion of privacy”
- Superior Court: In denying motion to enlarge time to file 80B motion, the court held that plaintiffs’ failure to file Superior Court appeal within 30 days of Planning Board decision in reliance on appeal form on town’s website indicating that Board of Appeals took appeals from Planning Board decisions did not constitute “excusable neglect” where town ordinance (also available on the website) had subsequently been amended to eliminate the right to appeal to the Board of Appeals
- US Supreme Court: Certiorari granted to decide two questions addressing circumstances under which class action may be certified or maintained under Rule 23(b)(3), or a collective action certified or maintained under the Fair Labor Standards Act
