Legal Opinion

Naughton v. Gilbane, Inc.

District Court, D. Rhode Island

Decided September 10, 2014No. Civil Action No. 13-507-M-PASPublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM AND ORDER

JOHN J. McCONNELL, JR., District Judge.

Plaintiff William Naughton, M.D. filed this suit against the Defendant Secretary of Veterans Affairs (“Secretary”), claiming damages for a failure to accommodate his disability under the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq. (the “Rehabilitation Act”). The Secretary moves to dismiss his complaint pursuant to Fed. R.Civ.P. 12(b)(1) for lack of subject matter jurisdiction, claiming that the Federal Employee Compensation Act, 5 U.S.O § 8101 et seq. (“FECA”), is Dr. Naughton’s exclusive remedy for his claims. After a…

2Cases cited18 opinions

Calero-Cerezo v. U.S. Dep of JusticeCourt of Appeals for the First Circuit · 2004
Aversa v. United StatesCourt of Appeals for the First Circuit · 1996
Carroll v. Xerox Corp.Court of Appeals for the First Circuit · 2002
Zenaida Garc A-Ayala v. Lederle Parenterals, Inc.Court of Appeals for the First Circuit · 2000
Martin v. Applied Cellular Technology, Inc.Court of Appeals for the First Circuit · 2002

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3Cited by1 opinion

Gonzalez-Tomasini v. BrennanDistrict Court, D. Puerto Rico · 2022