The U.S. District Court for the NMI denied the CNMI government’s motion for a new trial after ordering the commonwealth to pay Peter-Palican over $245,000, representing her back wages, certain benefits lost, attorney’s fees and costs.
The court said CNMI government should also re-hire Peter-Palican, an appointee of the previous administration.
Assistant Attorney General Gilbert J. Birnbrich, who is representing the CNMI government, cited five principal issues proposed to be raised on appeal:
• Whether the term of the special assistant for women’s affairs ends with the administration that appointed her.
• Whether the district court erred in finding an implied constitutional tort under the CNMI Constitution.
• Whether the district court erred in ruling that the CNMI violated Peter-Palican’s procedural due process rights.
• Whether the district court erred in denying motion to amend findings of facts and conclusions of law, amend judgment and new trial.
• Whether the district court erred in not awarding front pay in lieu of reinstatement.
Brinbirch said there is a pending motion for an additional attorney’s fees amounting to $4,950.
