Asthma Center Nurse's ADA Suit Time-Barred: 2nd Circ.

Law360, New York (December 20, 2011, 9:05 PM EST) -- The Second Circuit on Tuesday tossed an employee suit against an asthma center, affirming that the 90-day limit on filing Americans with Disabilities Act lawsuits begins to run when either an employee or her attorney receives the first right-to-sue letter.

In a published, unanimous opinion, the appeals court affirmed a New York federal court’s decision to dismiss Lorrie A. Tiberio’s suit against Allergy Asthma Immunology of Rochester PC because the suit was filed too late.

The Second Circuit found that the 90-day statute of limitations for...
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