Wednesday, May 31, 2017
- Law Court: Amicus briefs invited on whether a volunteer driver for a nonprofit organization who receives a mileage reimbursement is an “employee” for workers’ compensation purposes
- US Supreme Court: The Court answered the following question in the negative: If law enforcement officers make a “seizure” of a person using force that is judged to be reasonable based on a consideration of the circumstances relevant to that determination, may the officers nevertheless be held liable for injuries caused by the seizure on the ground that they committed a separate Fourth Amendment violation that contributed to their need to use force?
- First Circuit: In affirming summary judgment for employer on disability employment discrimination claim because plaintiff failed to identify a vacant position that she could have moved into as a reasonable accommodation, the court noted that an employee seeking a transfer is a “qualified individual” so long as she can perform the essential functions of the vacant position–with or without a reasonable accommodation–even if she can no longer perform the essential functions of her current position
- First Circuit: The court affirmed summary judgment for occupational therapy school on negligence claim brought by former student injured while engaging in mock exercise of lifting heavy (210-pound) patient, finding that expert testimony was required to establish the standard of care for what is reasonable conduct in a practical exam in an occupational-therapy program and the breach of that standard of care
- US District Court ME: In denying motion to strike untimely answer, the court held that the circumstances did not meet the First Circuit’s standard of awarding default only in “egregious cases” where defendant’s attorney reasonably concluded that plaintiff’s attorney was going to send him a proposed amended complaint and that he could delay answering the original complaint until she had done so
- Eighth Circuit: The court held that Title VII does not cover sex discrimination against child of employee where there was no evidence of sex discrimination against the employee herself
- MHRC: May 22nd minutes include that the Commission has 712 cases pending and the average age of cases is 284 days
