Thursday, April 21, 2016

Fourth Circuit: The court held that Title IX, which prohibits discrimination “on the basis of sex,” requires schools to provide transgender students access to restrooms congruent with their gender identity
Law Court: Oral arguments scheduled for May 3rd include BCD-15-481 (in breach of implied warranty claim, whether trial court erred (1) by admitting expert testimony despite defendant’s failure to provide adequate notice of that testimony or opinion; and (2) the applicability of defendant’s warranty disclaimer); Ken-15-281 (in negligence claim by estate of truck driver against company for whom he was working at time of accident, whether Superior Court erred in applying the Comp bar by relying on the declarations sheet from workers’ compensation policy or concluding that driver was an employee of defendant’s); Pen-15-555 (in action against town for negligence in fighting a fire at plaintiff’s business, whether Superior Court erred in granting summary judgment based on Maine Tort Claims Act immunity)
First Circuit: The court reversed 12(b)(6) dismissal of § 1983 Fourth Amendment supervisory liability claim against police superintendent arising out of shooting by police officer, finding complaint “plausible on its face” in light of prior Department of Justice report that police department had engaged in a pattern and practice of excessive force in violation of the Fourth Amendment

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