United States Second Circuit

Summary judgment for defendants is affirmed where: 1) plaintiff could not establish a prima facie case of employment discrimination under the ADA and there was a legitimate nondiscriminatory basis for termination; 2) plaintiff had not stated a claim for which relief could be granted under the FMLA, and did not establish his retaliation claim; and 3) amending the complaint would be futile due to a lack of evidence.

Appellate Information

• Decided 04/13/2006
• Published 04/14/2006

Judges

• MINER, Circuit Judge:, Before:  MINER and CABRANES, Circuit Judges, and CURTIN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Todd J. Krouner (Susanna L. Mould, of counsel), Law Office of Todd J. Krouner, Chappaqua, NY, for Plaintiff-Appellant-Cross-Appellee., Howard J. Rubin (Maureen McLoughlin and Jane S. Friedman, of counsel), Davis & Gilbert, LLP, New York, NY, for Defendants-Appellees-Cross-Appellants., Barbara L. Sloan (Eric S. Dreiband and Vincent J. Blackwood, on the brief), Amicus Curiae Equal Employment Opportunity Commission, Washington, DC, in support of Plaintiff-Appellant-Cross-Appellee., Ann Elizabeth Reesman, Amicus Curiae Equal Employment Advisory Council, McGuiness Norriss & Williams, LLP Washington, DC, in support of Defendants-Appellees-Cross-Appellants.