Justia Maine Supreme Court Opinion Summaries

Reva Merrill appealed a Superior Court judgment that affirmed the Board of Trustees for the Maine Public Employees Retirement System's decision to deny her request for a waiver of past-due life insurance premiums. Merrill contended on appeal that the Board erred in interpreting 5 M.R.S. 17103(6)(2008) to prohibit it from waiving past-due payments for the non-mandatory Group Life Insurance Program, and that the Board's administrative procedures violated her right to due process. Because the Supreme Court agreed with Merrill that the Board had the authority to waive back premiums, the Court vacated the Board's decision and remanded the case for the Board to decide finally whether to waive Merrill's required payments. View "Merrill v. Maine Public Employees Retirement System" on Justia Law

Since 2001, Callaghan has worked part-time at the South Portland Library. Edwards works for the Parks and Recreation Department about four hours per week. Both are subject to a personnel policy, which, following 2010-2011 amendments, provides that city employees may not seek or accept nomination or election to any South Portland elective office; use the influence of their employment for or against any candidate for city elective office; circulate petitions or campaign literature for any city elective office; solicit or receive subscriptions, contributions or political service from any person for or against any candidate for any city elective office; or use city property to assist or advocate for or against any candidate. Callaghan has served on the School Board since 2007. When Callaghan sought reelection in 2011, the City Clerk stated that the personnel policy amendments prevented placement of her name on the ballot. Edwards had served on the Board for 18 years. In 2010, Edwards expressed interest in filling a vacancy on the Board. After the City Clerk questioned whether Edwards could be appointed given his city employment, Edwards did not pursue the appointment. Edwards and Callaghan filed a complaint, 42 U.S.C. 1983, asserting that the policy was an unconstitutional restraint on political speech. The trial court entered partial summary judgment for the employees and an injunction barring enforcement of a prohibition on any city employee seeking election to or serving on the School Board or, on their own time, from circulating petitions or campaign literature and soliciting or receiving contributions or political service for or against candidates in School Board elections. The Maine Supreme Court affirmed as to the employees, but vacated the judgment to the extent that it invalidates the policy as to employees who were not parties. View "Callaghan v. City of South Portland" on Justia Law

Plaintiff was a general construction company. In 2010, the Maine Department of Labor Bureau of Unemployment Compensation conducted a random audit of Plaintiff's business to verify that twenty-four individuals that worked for Plaintiff were independent contractors. The Bureau determined the individuals were employees of Plaintiff and thus assessed Plaintiff unpaid unemployment tax liability for each of these individuals. The Unemployment Insurance Commission affirmed the Bureau's determination as to twenty-two of the individuals - salespeople, a bookkeeper, and skilled workers employed as subcontractors. The superior court affirmed. The Supreme Court (1) affirmed the Commission's decision as to the bookkeeper and the salespeople; but (2) vacated the Commission's judgment with regard to eighteen of the subcontractors, holding that Plaintiff met its burden of demonstrating that the subcontractors met all three criteria listed in 26 Me. Rev. Stat. 1043(11)(E)(1) to (3). Remanded. View "Sinclair Builders, Inc. v. Unemployment Ins. Comm'n" on Justia Law

The Maine Labor Relations Board determined that firefighters for the City of Augusta who retired after the expiration of a collective bargaining agreement between the City and the firefighters union were entitled to retiree health insurance benefits under the expired agreement's terms. The Board based its decision upon its determination that the retirement benefits were part of the static status quo that must be maintained during continuing negotiations. The superior court affirmed. The Supreme Court affirmed, holding that the Board did not err in concluding that the City must continue to pay the retirees retiree health insurance benefits during negotiations in order to maintain the static status quo. View "City of Augusta v. Me. Labor Relations Bd." on Justia Law

While working at Devereux Marine, Employee was electrocuted when the mast he was lowering came into contact with an overhead high-voltage power line owned by Central Maine Power Company (CMP). Employee received workers' compensation benefits through Devereux and separately sued CMP for negligence. The court awarded Employee $4,890,631 in damages. After paying the judgment, CMP brought this claim for indemnification against Devereux. Accompanying CMP's complaint was a motion for ex parte real estate attachment. The business and consumer docket denied CMP's motion for attachment, interpreting the Maine Overhead High-voltage Line Safety Act as creating a statutory right of contribution as opposed to a right to indemnification. The Supreme Court vacated the denial of the motion to attach, holding that full indemnification from an employer is required when (1) an employee is injured after bringing materials into contact with an overhead high-voltage power line; (2) the employer is determined to have violated the Act; and (3) the owner of the high-voltage line becomes liable to the employee. Remanded. View "Cent. Me. Power Co. v. Devereux Marine, Inc." on Justia Law

Plaintiff was employed by a Hospital for nineteen years. In 2009, Plaintiff was deposed in connection with a wrongful death lawsuit against the Hospital. The day after Plaintiff signed her deposition transcript, the Hospital terminated Plaintiff's employment on the ground that a medical record entry Plaintiff described in her deposition constituted a falsification of a patient medical record. Plaintiff filed a complaint against the Hospital, alleging that it violated Me. Rev. Stat. 26, 833(1)(C) because it discharged her in retaliation for her deposition testimony in the wrongful death lawsuit against the Hospital. The superior court granted summary judgment in favor of Hospital. The Supreme Court vacated the judgment, holding that Plaintiff presented sufficient evidence to create a genuine issue of material fact regarding whether her deposition was a substantial factor motivating her dismissal. View "Trott v. H.D. Goodall Hosp." on Justia Law

Employee suffered an injury to his left hand while working for Employer. Later, Employee's left index finger had to be amputated. Employee subsequently filed a petition for specific loss benefits. The parties agreed Employee was entitled to specific loss benefits because of the amputation for a period of thirty-eight weeks. At issue was whether Employer was entitled to an offset for the incapacity benefits it paid before the amputation. The Workers' Compensation Board granted the petition for specific loss benefits and determined that Employer was allowed to offset the incapacity benefits paid before the amputation. The Supreme Court vacated the Board's decision, holding that Employer was not entitled to offset the incapacity benefits paid during the months after Employee's initial injury but before the amputation of his finger. View "Scott v. Fraser Papers, Inc. " on Justia Law

Decedent, an employee of the Salvation Army, died at his home, part of which served as his office. Decedent's spouse filed a petition for death benefits with the Workers' Compensation Board (Board), which issued an award in favor of the Estate. The Salvation Army filed notices of appeal with the Supreme Court and with the Workers' Compensation Board Appellate Division. At issue before the Court was whether the appeal was properly before the Appellate Division or the Court. The Supreme Court dismissed the Salvation Army's petition, holding (1) for all workers' compensation cases without final decision before September 1, 2012, the initial review must go to the Appellate Division; and (2) because the Board declined review on or after September 1, 2012, the appeal from the hearing officer's final decision was not properly before the Supreme Court. View "Estate of Sullwold v. Salvation Army" on Justia Law

Michael Nadeau, an employee with the Bureau of Insurance, married a manager of a Bureau-regulated entity. The Bureau subsequently discharged Nadeau on the basis that his continued employment at the Bureau while married to a manager of a Bureau-regulated entity violated Me. Rev. Stat. 24, 209(1). Nadeau initiated the grievance process manadated by the collective bargaining agreement (CBA). After an arbitration hearing, the arbitrator concluded that the Bureau violated the CBA by discharging Nadeau without just cause and ordered his reinstatement. The Bureau petitioned the superior court seeking to vacate the arbitration award, contending that the award of reinstatement required the Bureau to violate section 209(1), which prohibits the Bureau from employing persons "connected with the management" of Bureau-regulated entities. The superior court reported the case to the Supreme Court. The Court declined to answer the reported question regarding the interpretation of section 209 after finding that the arbitration award did not violate public policy, the arbitrator did not exceed his powers, and the award was not subject to further judicial scrutiny on that basis. Remanded for entry of a judgment confirming the arbitration award. View "Dep't of Prof'l & Fin. Regulation v. State Employees Ass'n" on Justia Law

Plaintiff began working for Defendant as a salesperson in 2005. Defendant resigned from his employment in 2010 and signed a separation agreement before his departure. Defendant initially paid Plaintiff pursuant to the separation agreement but then claimed it had paid Plaintiff more than it agreed to and stopped payment on two of the checks it had issued. Plaintiff filed a complaint against Defendant for breach of contract, breach of quasi-contract, and unjust enrichment. A federal jury found that Defendant had breached its separation agreement with Plaintiff and that Plaintiff was entitled to $70,331 in quantum meruit damages from Defendant. After the jury verdict, Plaintiff moved the federal court to conclude that the the quantum meruit damages were "wages" within the meaning of 26 Me. Rev. Stat. 626. The federal court then certified a question to the Maine Supreme Court, which answered by holding (1) whether a quantum meruit recovery activates the penalty provision of section 626 depends on the services rendered; (2) if the services rendered are of the type for which an employee would have been due wages, then application of section 626 to a recovery in quantum meruit is appropriate; and (3) if not, section 626 would not apply. View "Dinan v. Alpha Networks Inc." on Justia Law