March/April 2002 - Index

apportionment

Arbitrator's decision on apportionment upheld where he did not exceed his scope of authority. Court has narrow review of arbitration decisions, even if the decision includes an error of fact or law. Commercial Union Insurance Co. V. Maine Employers' Mutual Insurance Co. 2002 ME 56 04/08/2002 DANA

Arbitration

Arbitrator's decision on apportionment upheld where he did not exceed his scope of authority. Court has narrow review of arbitration decisions, even if the decision includes an error of fact or law. Commercial Union Insurance Co. V. Maine Employers' Mutual Insurance Co. 2002 ME 56 04/08/2002 DANA

Discrimination

Where employee's requested accommodation under the Americans With Disabilities Act conflicts with the employer's seniority system, summary judgment appropriate for employer absent a showing of special circumstances by the employee. U.S. Airways, Inc. v. Barnett __U.S.__ 04/29/2002 BREYER

Court will not allow common-law claims for violations for which statutory rights and remedies exist, thus common-law negligence claims against employer in sex discrimination case dismissed where covered by the Maine Human Rights Act. Paquin v. MBNA Marketing Systems, Inc. __F.Supp.__ 04/11/2002 SINGAL

Exclusivity Provisions

The dismissal of a claim for employer immunity under the Act must turn on a detailed examination of the facts. Clark v. Means Pen.Sup. CV-01-170 01/15/2002 HJELM

Remedies

Employer ordered to pay reinstatement benefits, plus lost fringe benefits, from the date that the hearing officer ordered reinstatement to denial of the employer's motion to enjoin reinstatement. Nolette v. Interstate Brands Corp. York Sup. CV-01-214 02/22/2002 FRITZSCHE