Preview:

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND, NORTHERN DIVISION * MARY ELIZABETH MCGAW, Plaintiff, v. * * * CIVIL NO.: WDQ-03-1794

BIOVAIL PHARMACEUTICALS, INC.,* Defendant. * * * * * * * * * * * * * *

MEMORANDUM OPINION AND ORDER Mary Elizabeth McGaw has sued her former employer, Biovail Pharmaceuticals, Inc. ("Biovail"), for wrongfully terminating her in retaliation for filing an age and employment discrimination claim with the Equal Employment Opportunity Commission ("EEOC"). Pending is McGaw's motion for leave to file an amended complaint. For the reasons discussed below, McGaw's motion will be denied in part and granted in part. ANALYSIS McGaw claims that during the course of discovery she learned new facts that support a claim for defamation. Leave to File Am. Compl. 1. Pl.'s Mot. for

In addition, McGaw discovered

additional facts that purportedly lend support to her existing retaliation claim. Id.

Federal Rule of Civil Procedure 15(a) provides that "leave [to amend] shall be freely given when justice so requires." 1 The

court should grant leave to amend "absent bad faith, undue prejudice to the opposing party, or futility of amendment." United States v. Pittman, 209 F.3d 314, 317 (4th Cir. 2000). A. Retaliation Claims Biovail argues that the amendments McGaw proposes to make to her retaliation claims are improper because they are not reasonably related to the EEOC complaint on which her retaliation claim is based. 3-8. Def.'s Opp. to Mot. for Leave to File Am. Compl.

In the EEOC complaint on which McGaw's retaliation claim is

based, McGaw stated that she believed she was terminated "due to [her] age and gender and in retaliation for filing an EEOC charge against Biovail alleging age and gender discrimination." Complaint Number 120-2003-023990. McGaw's complaint alleges that Biovail terminated her in retaliation for filing age and gender discrimination complaints with the EEOC. Compl.

Download Mary Elizabeth McGaw v. Biovail Pharmaceuticals, Inc..pdf

Maryland Law