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United States Third Circuit


Spencer v. Wal-Mart Stores, Inc., 05-2143, 05-3436, 05-3471

In an appeal arising from a discrimination action brought under the Americans with Disabilities Act (ADA) against a former employer, orders vacating hearing-impaired plaintiff's back pay award and reducing her award of attorney's fees are affirmed where: 1) the district court correctly ruled that back pay is an equitable remedy and correctly vacated the back pay award; and 2) did not abuse its discretion in reducing her attorney's fees award after finding that she had limited success at trial.

Appellate Information

  • Decided 11/22/2006
  • Published 11/22/2006

Judges

  • RESTANI, Judge., Before McKEE and AMBRO, Circuit Judges, and RESTANI , Judge.

Court

  • United States Third Circuit

Counsel

  • For Appellees:
  • Alan B. Epstein, Esquire, Nancy Abrams, Esquire, Spector, Gadon & Rosen, P.C., Philadelphia, PA, States Court of International Trade, sitting by designation. for Plaintiff-Appellant/Cross Appellee., David S. Fryman, Esquire, Farrah I. Gold, Esquire, Ballard, Spahr, Andrews & Ingersoll, Philadelphia, PA, for Defendant-Appellee/Cross Appellant.
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