Tuesday, March 2, 2021
- First Circuit: As a matter of first impression in the First Circuit, the court held that “tester” status does not defeat standing under the Americans with Disabilities Act; but the court affirmed the denial of the testers’ request for attorney’s fees because, although defendant voluntarily agreed to make substantial changes in response to their complaint, the testers failed to demonstrate the requisite judicial imprimatur on that outcome to make them prevailing parties
- Fourth Circuit: Plaintiff in Rehabilitation Act disability employment discrimination case who jury found was denied a reasonable accommodation but awarded zero damages was still a prevailing party entitled to attorney’s fees because employer provided the accommodation after the judgment despite the trial judge not having enjoined it to do so
- US Supreme Court: Federal Tort Claims Act judgment bar applied to lower court order that it lacked subject-matter jurisdiction
- First Circuit: Dismissal affirmed of 42 U.S.C. §§ 1981, 1983, and 1985 racial discrimination and retaliation claims against individual defendant where no facts were pled sufficient to ground a reasonable inference that defendant was liable for any of the wrongs alleged
- First Circuit: Summary judgment affirmed for town on free speech retaliation claim by police officer fired for alleged dishonesty, where officer submitted no evidence that town applied differential standards to officers charged with dishonesty or that other officers were less severely disciplined for similar conduct
- Maine Superior Court: Summary judgment granted (Kelly v. World Kitchen, LLC, 4/18/2020) for store owner in personal injury action arising out of patron tripping on misaligned wheel stop in parking lot because property manager (not store owner) retained exclusive control over parking lot
- Maine Superior Court: Summary judgment denied (McCue v. Enterprise Rent-A-Car Company, 3/16/2020) for rental car company in personal injury action arising out of customer falling on snow-covered parking lot because, although landlord retained almost absolute control over parking lot, that was not necessarily dispositive
- Maine Superior Court: Motion in limine granted (Toto v. Knowles, 3/6/2020) to exclude Optometrist’s expert testimony as to the visual injuries plaintiff sustained in auto accident, but summary judgment denied because plaintiff’s testimony as to her injuries (including visual) were sufficient to establish causation
- EEOC: Press release describing 2020 enforcement and litigation data identifies retaliation as the leading charge basis alleged (55.8 percent of all charges filed), followed by disability (36.1 percent), race (32.7 percent), sex (31.7 percent), and age (21.0 percent) (they add up to more than 100 percent because some charges allege multiple bases)
- Maine Legislature: Public hearing before Judiciary Committee scheduled for March 18th on LD 598, which would amend the Maine Human Rights Act to prohibit discrimination in employment and education based on hair texture or hairstyle
