Wednesday, March 16, 2016
- First Circuit: The court held that ERISA requires a plan administrator in its denial of benefits letter to inform a claimant of not only his right to bring a civil action, but also the plan-imposed time limit for doing so; the failure to do so rendered, as a matter of law, the contractual three-year limitations period inapplicable; and plaintiff’s claim was timely under Puerto Rico’s 15-year statute of limitations on contract claims
- Ninth Circuit: The court held that in an EEOC class action the EEOC may maintain claims on behalf of additional aggrieved employees provided at least one act of misconduct occurred within 300 days prior to the date the first aggrieved employee filed her charge; and that each aggrieved employee is not required to file a new charge of discrimination with the EEOC if her claim is already encompassed within the EEOC Reasonable Cause Determination or if the claim is “like or reasonably related” to the initial charge
- US District Court ME: In denying motion to dismiss inmate’s complaint, the court held that right to file an internal grievance was protected by the First Amendment; being subjected to increased searches and interference with mail might deter a reasonably hearty inmate from exercising his constitutional rights; and it was unnecessary for the court to decide whether the Prison Litigation Reform Act bar on inmate lawsuits that do not allege “physical injury or the commission of a sexual act” applied to constitutional claims, because the First Circuit (there is a circuit split) has allowed a prisoner’s First Amendment § 1983 claim to proceed without an allegation of physical injury where he requested nominal and punitive damages in addition to compensatory damages, and plaintiff requested nominal and punitive damages
- Press Herald: LePage nominates six for judicial posts in Maine
- Bangor Daily: Jury finds Winslow officer’s use of Taser was not excessive force
