Riva v. Commonwealth of MA
Court of Appeals for the First Circuit
1Opinion of the Court
SELYA, Circuit Judge.
This case, in which three plaintiffs seek a declaration that the Massachusetts accidental disability retirement scheme violates the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-634 (1988), as amended by the Older Workers Benefit Protection Act (OWBPA), Pub.L. No. 101-433,104 Stat. 978, presents two questions for review on appeal: a question of first impression as to the operation of the OWBPA’s nonretroactivity provision; and a situation-specific question concerning justiciability. The district court resolved both of these questions in the defendants’…
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