United States Tenth Circuit

In an Americans with Disabilities Act (ADA) suit brought against a nursing home by a former employee who has hepatitis C and was fired from her job there, a partial grant and partial denial of the nursing home's motion for judgment as a matter of law is affirmed in part and reversed in part where the district court did not err in partially denying the nursing home's motion for judgment as a matter of law, but should not have granted the motion with regard to a punitive damages claim.

Appellate Information

• Decided 10/26/2006
• Published 10/27/2006

Judges

• EBEL, Circuit Judge., Before TACHA, Chief Circuit Judge, EBEL, Circuit Judge, and CASSELL, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Joseph A. Seiner (James L. Lee, Deputy General Counsel, Lorraine C. Davis, Acting Associate General Counsel, and Carolyn L. Wheeler, Assistant General Counsel, with him on the briefs), Equal Employment Opportunity Commission, Office of General Counsel, Washington, D.C., for Plaintiff-Appellant-Cross-Appellee., Jeffrey C. Tasker, Kane, Russell, Coleman & Logan, P.C., Dallas, Texas, for Defendant-Appellee-Cross-Appellant.