MARTINO v. FORWARD AIR, INC.

No. 09-1663.

609 F.3d 1 (2010)

Edward MARTINO, Plaintiff, Appellant, v. FORWARD AIR, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 14, 2010.


Attorney(s) appearing for the Case

Kevin G. Powers with whom Linda Evans and Rodgers, Powers & Schwartz LLP were on brief for appellant.

David C. Casey with whom Amy E. Mendenhall and Littler Mendelson P.C. were on brief for appellee.

Catherine Ziehl, General Counsel/Special Assistant Attorney General, and Beverly Ward, Commission Counsel, were on brief for the Commonwealth of Massachusetts Commission Against Discrimination, amicus curiae.

Before LYNCH, Chief Judge, SOUTER, Associate Justice, and STAHL, Circuit Judge.


STAHL, Circuit Judge.

Edward Martino, the plaintiff-appellant, brought a variety of claims against Forward Air alleging that the company did not hire him because of discrimination based on disability. The district court dismissed two of his claims during trial, concluding that the statutes at issue did not provide private rights of action. The jury found in favor of Forward Air, determining that the company had not discriminated based on disability when it decided...

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