Friday, July 21, 2017
- Second Circuit: The court held that a plaintiff alleging retaliation for exercising her Family and Medical Leave Act rights need only prove that her FMLA-protected activity was a “negative factor” in employment actions, not the “but for” cause
- Maine Department of Labor: Public hearing will be held August 8, 2017, on proposed revisions to four chapters of rules governing the state’s unemployment insurance program
- Law Court: Citing a statutory defense that the Maine Human Rights Act “does not prohibit an employer from discharging or refusing to hire an individual with physical or mental disability . . . if the individual, because of the physical or mental disability, . . . is unable to be at, remain at or go to or from the place where the duties of employment are to be performed,” the court held that plaintiff’s additional leave of absence was an unreasonable accommodation
- Law Court: Affirming the Workers’ Compensation Board Appellate Division decision, the court held that res judicata bars relitigation of the permanent impairment level established for an employee’s work-related injury
- US District Court ME: In defamation claim, motion to exclude allegedly defamatory statements made in pleadings and bar grievance denied because the court could not determine based on the submissions whether defendants abused conditional privilege by making the statements outside the normal channels or with malicious intent
- US District Court ME: Summary judgment on 8th Amendment claim arising out of inmate-on-inmate assault denied, where plaintiff’s bite wound on two fingers met Prison Litigation Reform Act requirement of showing “physical injury”
- US District Court ME: Motion to dismiss denied on claim alleging processing of home loan constituted violations of the Maine Unfair Trade Practices Act, the Real Estate Settlement Procedures Act, and fraud and misrepresentation in violation of Maine’s Consumer Credit Code
- US District Court ME: Motion in limine based on “claim splitting” granted to prevent defendant from asserting counterclaims at trial that were or could have been asserted in prior litigation
- EEOC: Lawsuit alleges Tim Horton’s violated Title VII by refusing to allow employee to wear skirt instead of traditional uniform pants, where request was to accommodate employee’s Pentecostal Apostolic faith
- MHRC: Revised August 14th Agenda published
