Vaughan v. Anderson Regional Medical Center, No. 16-60104 (5th Cir. 2017)Annotate this Case
The court treated plaintiff's Petition for Rehearing En Banc as a Petition for Panel Rehearing and denied the Petition. The court withdrew the prior opinion and substituted this opinion. This interlocutory appeal arose out of a wrongful termination suit filed by plaintiff, a nurse supervisor, against the Medical Center. Plaintiff alleged that the Medical Center discharged her in retaliation for raising age-discrimination complaints. The district court dismissed plaintiff's claims for pain and suffering damages and punitive damages because Fifth Circuit precedent bars such recoveries under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. 623(d). The court concluded that the district court correctly determined that Dean v. Am. Sec. Ins. Co., required dismissal of plaintiff's pain and suffering and punitive damages claims. The court explained that Dean is not distinguishable from this case and an intervening change in law did not justify setting Dean aside. Accordingly, the court affirmed the judgment.
This opinion or order relates to an opinion or order originally issued on December 16, 2016.