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Verrill Dana, LLP

Verrill Dana, LLP is one of New England's preeminent regional law firms. With offices in Portland and Augusta, ME; Boston, MA; Westport, CT; Providence, RI; and Washington D.C. Verrill Dana provides sophisticated legal representation to businesses and individuals in the traditional areas of litigation, real estate, business law, labor and employment law, employee benefits, environmental law, intellectual property and estate planning.  The Firm also has industry-focused specialties including higher education, health care and health technology, energy, and timberlands. 

Disclaimer:  The content presented in this blog is for general information only, is not intended to constitute legal advice and cannot be relied upon by any person as legal advice. While we welcome you to contact our blog authors at hrlawupdate@verrilldana.com, the submission of a comment or question does not create an attorney-client relationship between the Firm and you. 

Entries in Compensatory Damages (1)

Friday
Jan202017

Till Death Do Compensatory Damages Part . . . Or Not: Eight Circuit Finds Compensatory Damages Claim Under the ADA Lives Past Claimant’s Death

On Thursday, January 19, 2017, the Eighth Circuit issued an opinion in Guenther v. Griffin Constr. Co., 16-1760 (8th Cir. Jan. 19, 2017), and held that a claim for compensatory damages brought under the Americans with Disabilities Act (ADA) survives the death of the aggrieved party.  The case involved an employee who was terminated from Griffin Construction in 2008 after overseeing construction projects for four (4) years.  He claimed that he was terminated as a result of his diagnosis with cancer. 

The former employee filed a charge of discrimination with the EEOC, but died before the administrative process was complete.  The EEOC issued a right-to-sue letter, having found reasonable cause, and the administrator of the estate filed suit under the Arkansas Civil Rights Act as well as Title I of the ADA.  Griffin Construction moved to dismiss (arguing the claims did not survive death) and the district court agreed, finding the ADA claim abated at death and entered judgment on the pleadings for Griffin Construction. 

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