Saturday, June 24, 2017
- Maine Supreme Judicial Court: The court is seeking comment (deadline July 5th) on a package of amendments to the Maine Rules of Civil Procedure to require parties to civil actions to serve pleadings and other papers electronically upon one another following service the summons and complaint under Rule 4
- Ninth Circuit: The court held that the provision in the Fair Labor Standards Act that prohibits retaliation by “any person” does not require that a defendant be the plaintiff’s employer, and an attorney may be held liable for retaliating against his client’s employee because the employee sued his client for violations of workplace laws
- Ninth Circuit: The court held that the twenty employee minimum in the Age Discrimination in Employment Act does not apply to political subdivisions of a state, differing with other Circuit Courts of Appeals to decide the issue (the First Circuit has not decided it)
- US District Court ME: In employment discrimination claim by former governmental employee, the court granted motion to dismiss individual liability claim under the Maine Human Rights Act and “integrated enterprise” claim against related entity, but denied motion with respect to primary employer and constitutional claims against individuals
- US District Court ME: The court granted summary judgment for employer on disability employment discrimination claim, finding, in part, that plaintiff failed to show that there were vacant positions available for a job transfer and employer was not required to create a temporary position for plaintiff as it did for workers injured on the job
- US District Court ME: The court granted uninsured motorist insurer’s motion for summary judgment, finding injured motorist was not a resident of her parents’ household–and therefore was not insured by the policy–at the time of the accident
- US Supreme Court: The Court held that district courts (as opposed to the Federal Circuit) have jurisdiction to hear “jurisdictional” dismissals by the Merit Systems Protection Board of “mixed claims” brought by federal employees under both the Civil Service Reform Act of 1978 and federal antidiscrimination laws
- US Supreme Court: The Court limited the reach of Bivens actions in case brought by detainees following the September 11 terrorist attacks
- Maine Legislature: LD 1259, An Act Regarding Pay Equality, passes Maine Senate and House
- Maine Legislature: LD 1239, An Act To Increase Efficiency in Enforcement of the Maine Human Rights Act, did not pass in the Senate and is dead
- Maine Human Rights Commission: Ten minute video developed by the Commission describing service animals posted on YouTube
- Maine Human Rights Commission: Minutes from the June 19, 2017, meeting include that Investigator Angela Tizon will be leaving the Commission in July 2017
- Bangor Daily: Misdiagnosis leads to paralysis, $1.9 million settlement for Maine girl
- Bangor Daily: Maine man says Bath Iron Works fired him because he coached kids while on medical leave
- Press Herald: Parents’ First Amendment suit seeks to allow disabled son to record school day