Wednesday, March 30, 2016

Law Court: In affirming dismissal of legal malpractice action, the court found that there was nothing that an attorney could have done differently to change the result (application of set back requirements in zoning ordinance), and that court properly denied motion to file third amended complaint made three years after initial complaint on the grounds of undue delay and the potentially prejudicial impact on the litigation
First Circuit: In affirming dismissal of § 1983 claim against police chief and city arising out of city patrol officer raping plaintiff, the court held that the complaint did not plausibly allege that chief had the requisite notice of the risk that the officer would assault plaintiff, and that, while in cases “in which a material part of the information needed is likely to be within the defendant’s control and some latitude may be appropriate in applying the plausibility standard,” plaintiff had not made the necessary allegations “upon information and belief”

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