United States Tenth Circuit
Stone v. Dep't of Aviation, 04-1019
Dismissal of an action brought against an employer under the Americans with Disabilities Act (ADA) is reversed where plaintiff was not precluded from asserting his ADA claim in federal court since he had not yet received a right-to-sue letter from the EEOC at the time he filed a responsive pleading in a state-court action, and thus, his ADA claim was not a compulsory counterclaim under state law.
Appellate Information
- Decided 07/07/2006
- Published 07/07/2006
Judges
- EBEL, Circuit Judge., Before O'BRIEN, McKAY, and EBEL, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- David Lichtenstein, Denver, CO, for Plaintiff-Appellant.
- For Appellees:
- Jack M. Wesoky, Office of the City Attorney, Denver, CO, (Cole Finegan, Mindi L. Wright, Office of the City Attorney, with him on the briefs), for Defendants-Appellees.