Background
Ed Friedman, a resident of Maine with lymphoplasmacytic lymphoma, sued Central Maine Power Company after the utility declined to waive a fee for keeping an analog electricity meter. Friedman claimed the digital smart meters emitted radiofrequency radiation that would worsen his cancer symptoms. He sought a reasonable accommodation under the Americans with Disabilities Act, the Rehabilitation Act, and the Fair Housing Act. The district court granted summary judgment to the utility, ruling that Friedman lacked evidence of specific causation and that his treating physicians were improperly disclosed as witnesses.
The court’s reasoning
The First Circuit reviewed the case de novo, addressing standing and the merits together due to their intertwined nature. The court found that Friedman failed to produce admissible evidence of specific causation linking the smart meters to his condition. His designated experts could only testify to general causation, while his treating physicians were excluded because they were not disclosed as expert witnesses within the discovery deadline. The court held that the physicians’ opinions on causation constituted expert testimony requiring proper designation. Without specific causation evidence, the requested accommodation was not shown to be necessary, and the fee was not an unlawful surcharge.
Without evidence of specific causation, Friedman cannot bring his disability claims to trial.
What it means going forward
The ruling reinforces the requirement that plaintiffs in disability discrimination cases must present specific, admissible evidence of causation to prove that an accommodation is necessary. It also clarifies that treating physicians offering causal opinions must be designated as experts, and late disclosure may lead to preclusion.
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