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United States Third Circuit


Turner v. Hershey Chocolate USA, 04-4674

Summary judgment for defendant-employer, a candy maker, on an Americans with Disabilities Act (ADA) claim is reversed where estoppel did not apply to bar the ADA claim with regards to certain prior submissions of plaintiff for disability benefits, and the district court erred in determining that plaintiff was not a "qualified individual" under the ADA because she could not perform an essential job function.

Appellate Information

  • Argued 12/05/2005
  • Decided 03/20/2006
  • Published 03/20/2006

Judges

  • Before RENDELL, FISHER, and VAN ANTWERPEN, Circuit Judges.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Brooke M. Boyer [Argued], Reading, PA, for Appellant.

  • For Appellees:
  • Mark A. Fontana [Argued], Michael M. Miller, Wolf, Block, Schorr & Solis-Cohen, Harrisburg, PA, for Appellee.
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