Legal Updates
John Gause monitors what’s happening in employment discrimination, civil rights, and tort law. He shares some of what he finds on this page.
Friday, September 8, 2017
- Sixth Circuit: The court held that a provision in a collective bargaining agreement that requires that a grievance be held in abeyance while an Equal Employment Opportunity Commission complaint is pending violates the anti-retaliation provisions of Title VII and the Age Discrimination in Employment Act
- Law Court: In affirming summary judgment for defendants in defamation claim brought by public-figure plaintiffs, the court held that evidence of falsity, even combined with the inference of ill will, would not be sufficient to support a clear and convincing determination of actual malice
- US District Court ME: Magistrate Judge granted motion to quash plaintiff’s subpoena for defendant’s Maine Human Rights Commission file materials relating to her own complaint against co-defendant, finding that defendant’s MHRC file involved claims, actors, divisions, and timeframes different from the plaintiff’s
- US District Court ME: Summary judgment granted on excessive force and disability discrimination claims, as well as claims under the Maine Civil Rights Act and the Maine Human Rights Act, following police shooting of mentally ill decedent 25 to 27 times after prolonged standoff
- MHRC: September 18th Agenda posted
- MHRC: Fair Housing Workshop scheduled for September 27th at the Knox County Superior Court
Thursday, August 31, 2017
- Law Court: The court held that the plain and commonly understood meaning of the term “accident” in uninsured motorist provision of liability auto insurance policy is an “unexpected event,” and intentional murder occurring on a highway was therefore not covered by policy; and that the Maine statutory requirement that insurers provide uninsured motorist coverage did not require that the policy cover the murder
- First Circuit: On Fourth Amendment claim arising out of plaintiff’s warrantless arrest inside his home, the court affirmed the denial of defendants’ motion for summary judgment based on qualified immunity, finding that the district court’s exigent circumstances assessment was unreviewable, the arrest was not a “doorway arrest,” and the law was clearly established
- US District Court ME: In denying motion for summary judgment on Pregnancy Discrimination Act and Maine Human Rights Act claims that plaintiff was fired because of her pregnancy, the court followed First Circuit precedent that a plaintiff is not required to show that she was treated differently than other similarly situated employees outside the protected class as part of establishing her prima facie case
- US District Court ME: The court held that the Maine Wrongful Birth Statute did not violate the Maine or United States constitutions after it was interpreted by the Law Court to provide no cause of action for an unplanned pregnancy and delivery of a healthy child due to a failed contraceptive implant
- MHRC: September 18th Commission Meeting Agenda posted
Friday, August 18, 2017
- Seventh Circuit: Addressing an issue of first impression in its Circuit and one in which there is a Circuit split, the court held that neither the issuance of a right-to-sue letter nor the entry of judgment in a lawsuit brought by the individuals who originally filed the charges against an employer bars the Equal Employment Opportunity Commission from continuing its own investigation against that employer under Title VII of the Civil Rights Act of 1964
- DC Circuit: In holding that federal employee properly administratively exhausted two of his Title VII claims, the court held that attachments to a formal EEO complaint are an integral part of the complaint and can independently identify claims for resolution regardless of whether the attachment is also referenced in the body of the complaint itself
- US District Court ME: Noting that threats by an employer against an employee’s status of employment may constitute “adverse employment actions” under the Maine Whistleblowers’ Protection Act whether or not the threats are actually acted upon, the court denied motion to dismiss where complaint alleged plaintiff was threatened with termination, accused of fraud, pressured to sign an agreement to not bring up complaints of discrimination with human resources, transferred to another location an hour from his home, and unfairly disciplined
- Law Court: Oral arguments scheduled for September 12th and 13th include And-17-131 (First Amendment challenge to Superior Court injunction under Maine Civil Rights Act that followed finding that defendant interfered another person’s right to engage in lawful activities because of the victim’s sexual orientation); Cum-17-116 (employer challenge to arbitration award in favor of former employee); Cum-17-54 (whether arbitration clause in retainer agreement with law firm requires arbitration of legal malpractice claim); WCB-16-524 (whether credit for the social security benefits can only be taken at the time the workers’ compensation benefits are paid, and not after the fact); WCB-16-433 (whether employer should be required to pay the cost of medical marijuana for pain relief for work injury)
- Law Court: Claim preclusion applied where there was a sufficient identicality between individual defendants and the Commissioner of the Department of Health and Human Services
- MHRC: Minutes from August 14th Meeting reflect that the Commission is waiting permission to post the Field Investigator position vacated in July
Friday, August 11, 2017
- Seventh Circuit: The court clarified that the “common actor” inference is not a conclusive presumption and should be considered by the ultimate trier of fact rather than on summary judgment or the pleadings
- Ninth Circuit: The court joined the Tenth and Eleventh Circuits in allowing tester standing under Title III of the Americans with Disabilities Act of 1990
- First Circuit: Reversing lower court decision in favor of abortion protestor on free speech challenge to Maine Civil Rights Act, the court found that the law is a content-neutral measure that serves a significant state interest without burdening substantially more speech than necessary and while leaving open ample alternative avenues for communication
- EEOC: Quarterly Digest of Equal Employment Opportunity Law published
- MHRC: Revised August 14, 2017 Commission Meeting Agenda published
- United States Courts: Article on courtroom language interpreting lists the top ten languages requiring interpreters in FY 2016, with Spanish being requested in 254,736 court proceedings (96% of all requests) and Mandarin second (1640 requests)
Saturday, August 5, 2017
- US District Court ME: In granting motion to quash defendant’s subpoena directed to plaintiff’s current employer, Magistrate Judge adopted rule that defendant first had to use other means to obtain the personnel file before resorting to a subpoena
- US District Court ME: In disability employment discrimination claim, Magistrate Judge recommended summary judgment for defendant company that provided medical services for Maine Department of Corrections (“MDOC”) facility, finding that, even if the MDOC harbored a discriminatory reason for revoking plaintiff’s security clearance, defendant company was not liable because a fact finder could not reasonably conclude that it colluded with the MDOC to discriminate against plaintiff
- US District Court ME: In denying motion for summary judgment on pretrial detainee’s Due Process excessive force claim against guard arising out of assault by another inmate, Magistrate Judge found that evidence supported inference that defendant was aware of and permitted, if not facilitated, the assaulting inmate’s conduct
Friday, July 28, 2017
- First Circuit: The court held that the Civil Service Reform Act and Title VII of the Civil Rights Act of 1964 “form a comprehensive remedial network fully capable of protecting federal employees against acts of discrimination in the workplace,” and that constitutional claims under Bivens are therefore unavailable even if other or different relief might be available if constitutional tort suits were permitted
- Second Circuit: The court held that the duty of fair representation under the National Labor Relations Act does not necessarily preempt a state nondiscrimination law for claims of discrimination filed by a union member against a labor organization when the labor organization is acting in its capacity as a collective bargaining representative (as distinguished from when it is acting in its capacity as an employer)
- US District Court ME: The court found a jury issue on whether employer’s initiation of disciplinary proceedings under a collective bargaining agreement—where the ultimate outcome is no discipline–was an “adverse action” under the Federal Railroad Safety Act’s prohibition of discrimination against whistleblowers
- Law Court: The court affirmed judgment for insurer on reach and apply action, finding that a dog bite that occurred in or near a car was not an “auto accident” under the terms of insurance policy
- Maine Superior Court: $205,300 in compensatory damages and $185,000 in punitive damages awarded on judgment for assault, battery, false imprisonment, and intentional infliction of emotional distress
- Bangor Daily: Former Lincoln County employee settles sexual harassment lawsuit
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
Friday, July 14, 2017
- US District Court ME: Although Magistrate Judge found that plaintiff in employment discrimination case failed under Federal Rule of Civil Procedure 38(b) to timely request a jury trial within 14 days of defendant’s answer following removal from the Maine Superior Court, he found that the short delay and other factors considered under Federal Rule of Civil Procedure 39(b) warranted allowing the late request
- US District Court ME: The court granted summary judgment for defendants on complaint alleging retaliation for complaining about sexual harassment, finding that adverse actions resulted from professor voluntarily accepting a transfer to avoid sexual harasser, not retaliation
- Law Court: The court affirmed $428,071.64 default judgment on complaint for home invasion and assault, but found that Superior Court should not have considered whether plaintiffs’ were comparatively negligent in calculating damages because defendant waived comparative negligence affirmative defense by failing to answer
- US Dept. of Labor: The U.S. Department of Labor will reinstate the issuance of opinion letters
- Press Herald: Mother of Biddeford murder victim sues, saying police ignored killer’s threats
Tuesday, July 11, 2017
- Maine Superior Court: Motion to dismiss breach of implied warranty of merchantability claim denied because plaintiff need not have purchased good from defendant to bring claim
- US District Court ME: Clerk awarded defendants $1,408.20 in costs after defense verdict on unconstitutional arrest claim, finding the relatively small award would not have a chilling effect on civil rights claims
- MHRC: Revised August 14th Agenda posted
- Maine DOL: Law Allows 14 and 15 Year Olds To Be Hired in New Occupations Immediately
Saturday, July 1, 2017
- MHRC: Posting describes how the government shutdown will affect various issues in pending cases, new complaints, and intake questionnaires
- US Supreme Court: State law is unconstitutional that generally requires the name of a mother’s male spouse to appear on a child’s birth certificate–regardless of his biological relationship to the child–but does not extend that rule to similarly situated same-sex couples
- US Supreme Court (SCOTUSBlog): Cert granted in case that will decide the following issue presented: Whether the anti-retaliation provision for “whistleblowers” in the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 extends to individuals who have not reported alleged misconduct to the Securities and Exchange Commission and thus fall outside the act’s definition of “whistleblower”
- US Supreme Court (via SCOTUSBlog): Cert granted in case that will decide the following issue presented: Whether applying Colorado’s public accommodations law to compel the petitioner to create expression that violates his sincerely held religious beliefs about marriage violates the free speech or free exercise clauses of the First Amendment
- Law Court: Summary judgment granted for defendant on auto negligence claim arising out of crash after defendant waived plaintiff across traffic because, although plaintiff may have relied on defendant’s gesture to pull across traffic, he made an independent, albeit flawed, assessment of the traffic conditions before turning and did not rely on the gesture when making the turn
- Law Court: Trial court did not err in failing to reduce judgment against second defendant by amount of settlement between plaintiff and first defendant where the injury addressed in the settlement went beyond that for which the court held second defendant liable
- First Circuit: The court affirmed $140,000 Fourth Amendment excessive force verdict, finding trial court did not err in denying defendant qualified immunity
- First Circuit: Summary judgment for employer on sex discrimination claim affirmed where plaintiff failed to show legitimate, nondiscriminatory explanation for the hiring decisions at issue was pretext for unlawful discrimination
- Eighth Circuit: The court held that state law disability employment discrimination claims were not completely preempted by § 301(a) of the Labor Management Relations Act or § 9(a) of the National Labor Relations Act
- Maine Supreme Court: List posted of courts that will be open and closed during shutdown
- Maine DOL: Shutdown procedures posted
