9th Circ. Says Native American's Bias Suit Tossed Too Quick

Law360 (February 23, 2021, 2:07 PM EST) -- The Ninth Circuit has revived a fired Native American worker's race and disability bias suit against a Montana hospital, saying a lower court jumped the gun by declaring she'd missed the deadline for lodging her claims.

A three-judge panel on Tuesday overturned a Montana federal court's dismissal of Rose Butterfly's suit against Benefis Health System and five of her former co-workers, finding that a trial judge who granted Benefits Health summary judgment failed to consider alternate timetables that would render Butterfly's suit valid.

Butterfly, a member of the Blackfoot Native American tribe, sued the Great Falls-based Benefis in July 2018 but...

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