United States First Circuit

Denial of plaintiff's motion for a new trial in a suit against the Department of Veteran Affairs under the Rehabilitation Act is affirmed where: 1) defendant's expert witness testimony satisfied the Daubert standard; 2) plaintiff's motion on jury instruction was unnecessary; and 3) evidence allowed the jury to come to its decision against the plaintiff.

Appellate Information

• Decided 02/22/2006
• Published 02/22/2006

Judges

• LIPEZ, Circuit Judge., Before LIPEZ and HOWARD, Circuit Judges, and GIBSON, Senior Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• John Ward-Llambias, for the appellant.


• For Appellees:
  
• Lisa E. Bhatia-Gautier, Assistant United States Attorney, with whom H.S. Garcia, United States Attorney and Miguel A. Fernandez, Assistant United States Attorney, Chief, Civil Division, were on brief, for the appellee.