Posts Categorized: General Liability and Insurance Law

Trevor Savage Wins Landmark ERISA Case

In a case of first impression, the First Circuit Court of Appeals has announced a new fiduciary duty under the Employee Retirement and Investment Security Act of 1974 (“ERISA”): that where an insurer has both the discretion to choose whether an employee is eligible for coverage and when to accept premiums from that employee, the… Read more »

Law Court Declines to Expand Liability for Negligence, Negligent Infliction of Emotional Distress

In a recent decision with potentially far-reaching implications, the Maine Supreme Judicial Court accepted the argument made by Attorneys Matthew T. Mehalic and Trevor D. Savage and held that: (1) a plaintiff’s allegation of post-traumatic stress disorder (“PTSD”) did not constitute a “physical injury” for purposes of establishing a claim for general negligence; and (2)… Read more »

Kelly Hoffman Settles Landmark Case for Colby Coaches

Norman, Hanson & DeTroy is proud to announce Kelly Hoffman’s settlement of a landmark Title VII and Title IX Discrimination case brought by 5 of the 7 female head coaches at Colby College.  Federal and Maine equal pay laws mandate that employers may not discriminate between employees on the basis of their gender by paying… Read more »

Bystander Liability Clarified by Maine Supreme Court

BY:  Jonathan W. Brogan, Esq. Recently the Maine Supreme Court made a significant decision regarding bystander claims of negligent infliction of emotional distress.  Coward v. Gagne and Sons Concrete Blocks, Inc., 2020 ME 112 (9/17/2020). The longstanding test in Maine was decided in a case called Culbert v. Sampson Supermarket which stated that there would… Read more »