Read Jenkins v. Cleco Power LLC, 05-30744

In a former employee's disability discrimination suit under the Americans with Disabilities Act (ADA), ERISA, and state law, summary judgment for plan administrator and dismissal of the claims against former employer are affirmed where: 1) insurer-administrator did not err in denying plaintiff's claims for continuing disability, based on a conclusion that he was not totally disabled and that there were other jobs in the area he could perform; 2) dismissal of the ADA claim was proper because, although the district court clearly erred in finding that plaintiff was not disabled within the meaning of the ADA based on limitations on his ability to sit, plaintiff did not show that employer failed to reasonably accommodate him; and 3) dismissal of a retaliation claim was proper as plaintiff failed to show that employer's reason for terminating him was pretextual.

Appellate Information

• Decided 05/18/2007
• Published 05/21/2007

Judges

• CARL E. STEWART, Circuit Judge:, Before JONES, Chief Judge, and JOLLY and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Michael D. Hebert (argued), Milling, Benson & Woodward, Lafayette, LA, for Jenkins., Thomas R. Peak (argued), Taylor, Porter, Brooks & Phillips, Baton Rouge, LA, for Liberty Life Assur. Co. of Boston., Steven Patrick Mansour (argued), Mansour & Deason, Alexandria, LA, for Cleco Power LLC.