Significant Victories

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

State ex rel. CYFD v. John R., 203 P.3d 167 (N.M. Ct. App. 2009)

Reversing termination of father’s parental rights where district court erred in failing to appoint counsel for child who was over the age of 14, even where child had a disability and was not functioning at the mental age of 14; holding that father had standing to raise the right-to-counsel issue on behalf of his child.

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

Cortez v. McCauley, 478 F.3d 1108 (10th Cir. 2007) (en banc)

In action brought under 42 U.S.C. § 1983 for unlawful arrest and unreasonable search and seizure, on review of partial summary judgment on qualified immunity grounds, holding that officers were on reasonable notice that their warrantless arrest violated the Fourth Amendment and was not justified by exigent circumstances.

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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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