Bird v. Berryhill, No. 16-2000 (7th Cir. 2017)

In 2005, while serving in the Army National Guard, Bird injured a tendon in his right shoulder. He was operated on in 2006. He reported to the VA doctors that he suffered hearing loss, migraines, and stiffness and pain in his hands, back and right shoulder, as well as anxiety, weakness in gripping objects, and ringing in his ears. The medical records include contradictory opinions from treating physicians. The VA gave Bird a 70% service-connected disability rating but pays him at the 100% rate because they found him unemployable. The Social Security Administration denied Douglas Bird’s application for disability insurance benefits. The district court remanded. The Seventh Circuit affirmed. The VA’s finding that Bird is 70% disabled and unemployable does not establish that he is entitled to SSA benefits. There are differences in how the agencies evaluate claims: the VA’s evaluation is pro-claimant rather than an neutral assessment.

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Fisher v. Lufkin Industries, No. 15-40428 (5th Cir. 2017)

Plaintiff filed suit against Lufkin, his former employer, alleging that the employer violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. Specifically, plaintiff alleged that he was discharged in retaliation for complaining that his direct supervisor racially harassed him. The district court dismissed and refused to grant plaintiff an extension of time to file additional objections to the magistrate judge's Report and Recommendation, which the district court adopted. The court concluded that plaintiff is entitled to relief because he has demonstrated that his supervisors, motivated by retaliatory animus, took acts intended to cause an adverse employment action, and those acts were a but-for cause of his termination. Accordingly, the court reversed and remanded for further proceedings.

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