Saturday, April 7, 2018
- HUD video: Secretary Ben Carson on the 50th anniversary of the Fair Housing Act: “Fairness means nondiscrimination; fairness means inclusion; fairness means acceptance of people who are different from you and understanding that they may have a different set of values”
- US District Court ME: Magistrate recommended denial of motion to dismiss Telephone Consumer Protection Act (TCPA) claim, finding that unsolicited calls to cell phone were alone a sufficient injury for standing under TCPA (which allows $500 recovery each time someone calls a cell phone using an “automatic telephone dialing system” without the recipient’s prior express consent)
- US Supreme Court: Service advisors—employees at car dealerships who consult with customers about their servicing needs and sell them servicing solutions—are exempt from the overtime-pay requirement under the Fair Labor Standards Act
- Law Court: Where defendant had previously evaded service of divorce complaint, he was not denied Due Process when District Court ordered service by publication without requiring plaintiff to email defendant a copy of the publication order or provide it to his attorney
- Law Court: Judgement entered for defendants in foreclosure action because bank’s witness could not establish foundational predicate necessary to introduce notice of default as a business record under Maine Rule of Evidence 803(6) (notice was sent by law firm, and witness did not know about law firm’s processes)
- First Circuit: A plaintiff within the zone of danger can recover for negligent infliction of emotional distress in maritime cases
- US District Court ME: Airline Deregulation Act did not preempt common-law personal injury claims against airline
- US Courts: Effective May 7th, the daily fee for federal jurors will increase from $40 to $50, the first such increase in nearly 30 years
- Maine Supreme Judicial Court: June 7th hearing scheduled to receive oral comments regarding access to electronic court records as electronic filing is implemented
- MHRC: April 23rd Agenda published