Sunday, June 23, 2019
- First Circuit: District Court committed reversible error by sua sponte converting a motion for summary judgment into a motion to dismiss: “[j]ust because a cucumber can be turned into a pickle does not mean that a pickle can be turned into a cucumber”
- Law Court: “Continuing negligent treatment doctrine,” in which a medical malpractice action may be commenced within three years of the most recent in a series of related acts or omissions that proximately cause a harm, was anchored on two definitions particular to the Health Security Act and will not be extended to legal malpractice actions
- Seventh Circuit: EEOC complaint sufficiently exhausted administrative remedies under Age Discrimination in Employment Act despite missing one word in employer’s assumed name: “Ashley Furniture HomeStore” versus “Ashley Furniture HomeStore – Rockledge“
- US District Court ME: After discussing the difference between Wrongful Death Act actions and “survival” actions brought by personal representative after death, court held that survival action by family of deceased inmate for pre-death suffering and injuries was not barred by Wrongful Death Act two-year statute of limitation; and separately held that private company that provided medical services in a county jail was not a “public entity” under Title II of the ADA (following the prevailing view in other Circuits over a prior United States District Court ME case)
- US District Court ME: Maine statute providing that “vacation pay on cessation of employment has the same status as wages earned” did not (as interpreted by the Law Court in a 1987 opinion) entitle former employee to payment for earned vacation time because employer’s policy stated that earned vacation would be forfeited at the time of separation; also, a “personnel file” as defined by Maine statute did not include detailed bonus plan information or emails related to it
- US District Court ME: Employee did not engage in protected activity under the Maine Whistleblowers’ Protection Act by refusing to sign a form when he believed doing so would be illegal because he did not explicitly or implicitly communicate that belief to his employer
- First Circuit: “LePage is entitled to qualified immunity on Eves’s political affiliation discrimination claim under the policymaker exception”
- First Circuit: Organization that ran group homes violated Fair Labor Standards Act by failing to pay long-term staff for eight hours each night they were on duty
- Maine Legislature: LD 1097, An Act to Protect Tenants From Sexual Harassment, as amended, became law on June 19th without Governor action
- Maine Legislature: Public Law Chapter 214 extends the Maine Tort Claims Act notice period from 180 days to 365 days for causes of action that accrue on or after January 1, 2020
- Maine Legislature: Public Law Chapter 198 increases the Wrongful Death Act cap to $750,000 (from $500,000) for damages for the loss of comfort, society and companionship of the deceased
- MHRC: Minutes from June 17, 2019, Commission Meeting include the nomination of a new Commissioner, the status of the Commission’s bills in the Legislature, and an increase to $225 per party (from $200) for participation in the Commission’s Mediation Program