Saturday, August 22, 2015
- First Circuit: The court held that Federal Rule of Civil Procedure 68 offers of judgment are irrevocable and neither a rejection nor a counteroffer terminates the offeree’s ability to accept a Rule 68 offer within the fourteen-day period
- Fifth Circuit: The court joined three other circuits in holding that the “cat’s paw” theory may be used to establish “but for” causation in a Title VII retaliation claim, “cat’s paw” meaning when plaintiff cannot show that the decisionmaker harbored any retaliatory animus she can still prove that the person with a retaliatory motive influenced the decisionmaker to take the retaliatory action
- Third Circuit: Applying the plain language in the FMLA regulations, the court held that when a certification for leave submitted by an employee is vague, ambiguous, non-responsive, or incomplete, the employer shall inform the employee of what is required and give seven days to cure; only “negative certifications” may be rejected outright, meaning affirmative statements from a physician that the employee would not miss work (the certification here was not “negative”)
- First Circuit: In reversing and remanding lower court denial of Federal Rule of Civil Procedure 60(b)(3) motion to set aside defense judgment for misconduct based on defendant’s failure to disclose information in response to discovery requests, the court held that it was error to place the burden on plaintiff to prove substantial interference after finding defendants culpably withheld materials that should have been produced; upon a showing of misconduct, the burden shifts to defendant to prove by clear and convincing evidence that the withheld material was inconsequential
- US District Court ME: After considering additional contextual information supplied by inmate in objecting to Magistrate Judge’s recommended decision granting motion to dismiss complaint alleging 8th Amendment violation for failure to provide eyeglasses, the court allowed the complaint to go forward
