Friday, October 2, 2015
- US Supreme Court: Certiorari granted on question presented: Whether the First Amendment bars the government from demoting a public employee based on a supervisor’s perception that the employee supports a political candidate
- First Circuit: The court held that when a litigant seeks leave to amend after the expiration of a deadline set in a scheduling order, Rule 16(b)’s more stringent good cause standard supplants Rule 15(a)’s leave freely given standard; that a plaintiff may amend a complaint only once as a matter of course under Rule 15(a)(1) (not multiple times following each responsive pleading); but district court erred in applying Rule 16(b) standard because scheduling order did not specify a deadline for amending the pleadings
- EEOC: New FOIA Request Portal allows registered users to file and monitor FOIA requests online
- EEOC: Latest edition of “Digest of EEO Law” includes article that discusses the interplay between an employee’s right to religious expression in the workplace and the countervailing right of other employees to be free from a hostile or harassing work environment
- US District Court ME: On complaint arising out of fatal apartment fire, Magistrate Judge recommended dismissal of negligence claim for breach of the standard of care established by statutory warranty of fitness for human habitation where statute expressly states that “[t]he court may not award consequential damages for breach of the warranty of fitness for human habitation”
- US District Court ME: Magistrate Judge recommended denial of summary judgment for police officer on Fourth Amendment claim arising out of fatal shooting where it was disputed whether victim posed an immediate threat to officer, but summary judgment was recommended on claims against supervisor and municipality
- US DOJ: $120,000 settlement reached in Fair Housing Act complaint that alleged that district manager and maintenance worker sexually harassed female tenants
- Kennebec Journal: Maine Supreme Judicial Court to hear three appellate cases at Mt. Blue High School
- Bangor Daily: LePage seeks applicants for Maine District Court bench
