Civil Action No. 10-30216 (United States District Court, District of Massachusetts)
In a cutting edge case involving the definition of disability and retroactive application of the recent amendments to the Americans with Disabilities Act, Sara Goldsmith Schwartz and Jessica L. Herbster successfully represented Nationwide Life Insurance Company and Nationwide Retirement Solutions, Inc. in obtaining summary judgment and dismissal of all of Plaintiff’s claims of disability discrimination under Mass. Gen. Laws ch. 151B and the Americans with Disabilities Act. The United States District Court (Judge Ponsor) held that the factual record failed to support Plaintiff’s claim that he suffered from a disability recognized under state or federal law and that the ADAAA does not apply retroactively.