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SCAMMAN v. SHAW'S SUPERMARKETS, INC.

Docket No. Fed-16-31.

2017 ME 41

LORRAINE SCAMMAN et al., v. SHAW'S SUPERMARKETS, INC.

Supreme Judicial Court of Maine.

Decided March 7, 2017.

Corrected March 23, 2017.

Attorney(s) appearing for the Case

Jeffrey Neil Young, Esq. , Carol J. Garvan, Esq. , and Max I. Brooks, Esq. (orally), Johnson, Webbert & Young, LLP, Augusta, for appellant Lorraine Scamman et al.

K. Joshua Scott, Esq. (orally), Jackson Lewis P.C., Portsmouth, New Hampshire, for appellee Shaw's Supermarkets, Inc.

Barbara Archer Hirsch, Esq. , Maine Human Rights Commission, Augusta, for amicus curiae Maine Human Rights Commission.

Richard L. O'Meara, Esq. , Murray Plumb & Murray, Portland, for amicus curiae AARP.

Panel: SAUFLEY, C.J., and MEAD, GORMAN, JABAR, HJELM, and JJ.

[¶ 1] Pursuant to 4 M.R.S. § 57 (2016), the United States District Court for the District of Maine has certified to us the following question of state law:

Is a claim for disparate impact age discrimination under the Maine Human Rights Act, 5 M.R.S.A. § 4572(1)(A), evaluated under the "reasonable factor other...

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