Jury Trial Victory: CullenCollimore celebrates federal court reopening with a win.

Brian Cullen and Dona Feeney (of Friedman Feeney PLLC) won a defense verdict for their respective clients in the United States District Court in June 2021. The case involved claims that the employer had violated the Americans with Disabilities Act (ADA) by failing to grant a request for an accommodation (an extension of FMLA leave) and then terminated the employee for making such a request.  The store manager (our client) faced counts of aiding and abetting and retaliation under the corollary state statute (RSA 354-A).  At the close of the six day trial, the jury found in favor of the defendants.  The case highlighted the risks to employers in the overlap between the FMLA and ADA, where the strict deadlines of the FMLA might be susceptible to extension under the ADA as an accommodation.   This was the first civil jury trial in the federal court since the Covid-19 crisis began and is Brian’s eighth federal jury trial overall.  If you have questions about the case, the overlap between the FMLA and ADA, or any litigation matter, please feel free to give us a call.