United States Third Circuit

In a suit bringing claims under the Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), Rehabilitation Act, and Pennsylvania Human Relations Act (PHRA): 1) the district court's order denying reconsideration of its earlier order denying the plaintiff relief under the FMLA is affirmed, where judicial estoppel precluded the plaintiff from seeking restoration to his pre-leave position because he continued to receive disability benefits from his insurer; and 2) the district court's order granting summary judgment to the defendant on the plaintiff's ADA, Rehabilitation Act, and PHRA claims is affirmed, where the undisputed evidence showed that the defendant did not consider the plaintiff in any way disabled.

Appellate Information

• Decided 03/29/2012
• Published 03/29/2012

Judges

• Garth

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Marc E. Weinstein, Dawn L. Richards