Saturday, March 5, 2016

First Circuit: The court held that four-year statute of limitations applied to claim brought under Title II of the ADA that plaintiff was discriminated against because she was “regarded as” having a disability, finding that claim was “made possible” by the ADA Amendments Act of 2008 and four-year catch-all statute of limitations in 28 U.S.C. § 1658 applies to actions “arising under” a federal statute enacted after December 1, 1990
US District Court ME: In granting summary judgment for train operator on wrongful death claim brought by estate of pedestrian struck and killed by train, the court held that operator did not have a duty to run its trains so slowly at frequently crossed location so that they could always come to a complete stop for anyone choosing to cross
US District Court ME: Magistrate Judge recommended dismissal of FMLA retaliation claim, finding that plaintiff’s leave to recover from anxiety and depression caused by attending court during FMLA leave was unprotected
EEOC: New Fact Sheet published, “Preventing Discrimination is Good Business”

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