Saturday, October 29, 2016
- US Supreme Court: The Court will decide the following questions presented in transgender bathroom access case: (1) Whether courts should extend deference to an unpublished agency letter that, among other things, does not carry the force of law and was adopted in the context of the very dispute in which deference is sought; and (2) whether, with or without deference to the agency, the Department of Education’s specific interpretation of Title IX and 34 C.F.R. § 106.33, which provides that a funding recipient providing sex-separated facilities must “generally treat transgender students consistent with their gender identity,” should be given effect.
- Superior Court: The court held that plaintiff whose Maine Human Rights Commission complaint was dismissed for failing to cooperate with the Commission was barred from recovering compensatory damages or attorney’s fees in court despite the fact that the dismissal letter from from the Commission’s Executive Director stated that the dismissal was pursuant to 5 MRS 4612(2), a provision that allows recovery of those types of damages later
- Superior Court: $20,000 in lost wages awarded by Superior Court Judge on successful claim of sex discrimination and sexual harassment
- Superior Court: The court granted motion to dismiss unpaid wage claim against entities allegedly part of an “integrated enterprise” with plaintiff’s direct employer, finding that the Law Court has not adopted the “integrated enterprise” test and that it does not apply to unpaid wage claims, anyway
- Superior Court: Failure to serve Maine Tort Claims Act notice within 180 days barred claim against city for contributing to accident by failing to maintain road sign, even though plaintiff did not learn until after 180 days that defendant driver claimed that he failed to yield at intersection because of the missing road sign: lack of awareness does not constitute “good cause” sufficient to excuse the failure to serve the notice of claim
- Superior Court: The court entered judgment for defendant hospital on claim that it negligently discharged alcoholic who subsequently died in house fire after he resumed drinking
- Superior Court: Summary judgment entered for defendant restaurant after plaintiff was stuck by a hypodermic needle lodged in toilet paper dispenser because there was no evidence that restaurant knew or should have discovered the needle
- Superior Court: Sexual abuse claims against school that employed former priest survived motion to dismiss to the extent they claimed negligent creation of a risk to third persons and intentional infliction of emotional distress
- Law Court: Citing a 2015 amendment to Maine Rule of Civil Procedure 52(b), the court held that the Superior Court did not err in denying motion for additional findings of fact and conclusions of law because movant did not include with her motion “the proposed findings of fact and conclusions of law requested”
- MHRC: Minutes of October 24th meeting include reference to two Investigators leaving, who will be replaced; change in the definition of “service animal,” effective 7/29/16; and that the Commission’s Annual Report has been posted on its website
- MHRC: Mediator applications being accepted until November 15th
- Bangor Daily: Judge awards blueberry worker nearly $730,000 in heat stroke collapse