JONES v. NATIONWIDE LIFE INS. CO.

No. 12-1414.

696 F.3d 78 (2012)

Mark JONES, Plaintiff, Appellant, v. NATIONWIDE LIFE INSURANCE COMPANY; Nationwide Retirement Solutions, Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided September 26, 2012.


Attorney(s) appearing for the Case

Maurice M. Cahillane , with whom Egan, Flanagan and Cohen, P.C. was on brief, for appellant.

Jessica L. Herbster , with whom Sara Goldsmith Schwartz and Schwartz Hannum PC were on brief, for appellees.

Before LYNCH, Chief Judge, BOUDIN and THOMPSON, Circuit Judges.


LYNCH, Chief Judge.

After Mark Jones repeatedly failed to pass an examination to receive a license required by his employer of all persons in that position, by a date of which he had many months' notice, he requested for the first time that the date be extended due to his medical condition. When his employer declined, and Jones declined to pursue an open alternate position at lesser pay, his employment ended on January 31, 2009. He then sued under both federal and...

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