Significant Victories

Appellate Victory, Caren Friedman Lance Barclay Appellate Victory, Caren Friedman Lance Barclay

Padilla v. Wall Colmonoy Corp., 145 P.3d 110 (N.M. Ct. App. 2006)

On interlocutory appeal, affirming denial of employer’s motion to dismiss wrongful death case arising from workplace injury; retroactively applying Supreme Court precedent stating that exclusivity provision of Workers’ Compensation Act does not protect employer from tort suit where employer willfully or intentionally injures worker.

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Appellate Victory, Caren Friedman Lance Barclay Appellate Victory, Caren Friedman Lance Barclay

EEOC v. W & O, Inc., 213 F.3d 600 (11th Cir. 2000)

Affirming awards of punitive damages to class of women under the Pregnancy Discrimination Act against employer who had a written policy barring pregnant waitresses from waiting tables past their fifth month of pregnancy; concluding that there was sufficient evidence for jury to find that employer acted with reckless indifference to the civil rights of its pregnant employees; as a matter of first impression, holding that each aggrieved employee may receive up to the full amount permitted by the applicable statutory cap on damages.

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Appellate Victory, Caren Friedman Lance Barclay Appellate Victory, Caren Friedman Lance Barclay

EEOC v. Stowe-Pharr Mills, Inc., 216 F.3d 373 (4th Cir. 2000)

Reversing summary judgment for employer in suit brought under the Americans with Disabilities Act; in spite of plaintiff’s statement in Social Security Disability Insurance application about her inability to work, the Commission was not estopped from asserting that plaintiff was a qualified individual with a disability, i.e. that she could perform the job’s essential functions with or without a reasonable accommodation.

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