Gordan v. Cummings (2000)

Walton v. Nalco Chemical Co., 272 F.3d 13, 20-21 (1st Cir.2001); Gordan v. Cummings, 756 A.2d 942, 944-45 (Me.2000); see also Clockedile v. N.H.

A comi may grant a judgment as a matter of law "if the court determines that, viewing the evidence and all reasonable inferences therefrom most favorably to the party opposing the motion, a jury could not reasonably find for that party on an issue that ... is an essential element ofthe claim." Gordan v. Cummings, 2000 ME 68 , ~ 9, 756 A.2d 942, 944 (citing M.R.

Failure to satisfy the requirements of section 4622 when the plaintiff seeks only attorney’s fees and damages under the MHRA renders the MHRA claim moot because the plaintiff cannot be afforded any effective relief on his claim. 6 See Gordan v. Cummings, 756 A.2d 942, 945 (Me. 2000).

Gordan v. Cummings, 756 A.2d 942, 944 (Me.2000).

In Maine, “[t]o succeed on a tortious interference claim, [the plaintiff must] establish (1) ‘the existence of a valid contract or prospective economic advantage;’ (2) ‘interference with that contract or advantage through fraud or intimidation;’ and (3) ‘damages proximately caused by the interference.’ ” Gordan v. Cummings, 756 A.2d 942, 946 (Me.2000) (quoting James v. MacDonald, 712 A.2d 1054, 1057 (Me.1998)).

Ann. tit. 5, § 4622(1)(C); see also Gordan v. Cummings, 756 A.2d 942, 944-45 (Me.2000). 9 The district court ruled that Nalco waived its contention by (i) failing to raise it, either in its answer or as an affirmative defense, and (ii) engaging in “trial by ambush” by withholding its objection until the close of Walton’s evidence.

See Gordon v. Cummings, 2000 ME 68 , 11 11 ~ 12, 756 A.2d 942 , 944- 45 (although Section 4622 precludes only the recovery of damages but not the civil action itself, the action becomes moot because a decision on the merits would not afford the plaintiff any real or practical relief).

See Gordon v. Cummings, 2000 ME 68, 1111-12 , 756 A.2d 942 , 944­ 45 (although Section 4622 precludes only the recovery of damages but not the civil action itself, the action becomes moot because a decision on the merits would not afford the plaintiff any real or practical relief).

Id.; see also Gordan v. Cummings, 2000 ME 68 , ~ 11, 756 A.2d 942 .

Human Rights Comm’n v. City of Auburn, 408 A.2d 1253, 1261-62 (Me. 1979). 3 .The MHRA prohibits recovery of attorney fees as well as compensatory and punitive damages under certain circumstances unless the plaintiff has filed a complaint with the Commission and one of several outcomes has resulted. 5 M.R.S. § 4622(1) (2016); see Gordon v. Cummings, 2000 ME 68, ¶ 11 , 756 A.2d 942 .

Human Rights Comm’n v. City of Auburn, 408 A.2d 1253, 1261-62 (Me. 1979). 3The MHRA prohibits recovery of attorney fees as well as compensatory and punitive damages under certain circumstances unless the plaintiff has filed a complaint with the Commission and one of several outcomes has resulted. 5 M.R.S. § 4622(1) (2016); see Gordan v. Cummings, 2000 ME 68, ¶ 11 , 756 A.2d 942 .

See Gordan v. Cummings, 2000 ME 68 , <[ 11, 756 A.2d 942 (dismissing plaintiff's discrimination claims as moot where plaintiff failed to bring a claim before the MHRC).

See also, Gordan v. Cummings, 2000 ME 68 , ~ 11, 756 A.2d 942 ("Before a plaintiff with a MHRA claim may recover attorney fees and damages, the plaintiff must establish that she first brought a claim before the Maine Human Rights Commission.").

See Gordon v. Cummings, 2000 ME 68, ¶¶ 10-11 , 756 A.2d 942 . .

See Walter, 2000 ME 68 , ¶ 27 n. 7, 748 A.2d at 971 .