Tuesday, May 5, 2020

US District Court ME: Interpreting the attorney-client privilege under federal common law, Magistrate Judge held that employer would waive the privilege by offering evidence that it consulted with its attorney prior to deciding to terminate employee: “[W]hen Defendants reveal that the Hospital consulted counsel before Plaintiff’s employment was terminated, the implication is that counsel did not perceive a legal impediment to the termination (i.e., Plaintiff’s conduct did not constitute concerted, protected activity). Defendants’ communication with counsel would thus be in issue for Defendants’ benefit. Plaintiff should have access to the communications to assess whether a challenge to the implication is warranted.”
First Circuit: Dismissal affirmed on 1983 First Amendment whistleblower claim where plaintiff’s speech was not on a matter of public concern and, even if it were, he failed to plead sufficient facts that it was a substantial or motivating factor in the adverse decisions taken against him

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