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Author Archives: Thomas E. Egan

1st Circuit: videotape not valid basis for LTD denial

An insurance company’s denial of an application for long-term disability benefits could not be upheld even though video surveillance showed the applicant engaged in activities inconsistent with her claimed disability, the 1st U.S. Circuit Court of Appeals has ruled.

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Securities fraud complaint against CVS Corp. reinstated

A securities fraud complaint should not have been dismissed, as the allegations by the plaintiff investors were sufficient to show a causal connection between the defendants’ material misrepresentations and a 20 percent drop in share price that followed a chief ...

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Recovering addict can get LTD benefits

An insurance company must pay long-term disability benefits to a drug-addicted doctor for periods during which she was drug-free but at risk for a relapse, the 1st U.S. Circuit Court of Appeals has ruled.

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Employer’s merger of testing labs invalid

An employer could not consolidate two of its product-testing labs at different locations on its worksite into one lab without first negotiating with a labor union, the 1st U.S. Circuit Court of Appeals has ruled.

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Filing deadline passes, ADA claim dismissed

An Americans with Disability Act complaint filed by an employee whose leave request was denied must be dismissed because it was filed more than 90 days after the Equal Employment Opportunity Commission mailed a “right-to-sue” letter to the employee and ...

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Firing over test failure not a violation of ADA

An employee who lost his job when he was unable to pass a test required by his employer could not hold the employer liable for refusing to grant him a time extension as an accommodation for his medical condition, the ...

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