United States Eighth Circuit

Denial of commercial airline carrier's motion for judgment as a matter of law on flight attendant's claim under the Americans with Disabilities Act (ADA) is reversed where plaintiff did not meet his burden of showing that defendant regarded him as disabled in the major life activity of working. An award of attorney fees and costs to plaintiff and its denial of post-offer costs to defendant are also reversed.

Appellate Information

• Decided 11/09/2006
• Published 11/09/2006

Judges

• RILEY, Circuit Judge., Before RILEY and COLLOTON, Circuit Judges, and KYLE, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David R. Cordell, argued, Tulsa, OK (Melinda L. Kirk, Tulsa, OK and Terri Dill Chadick, Fayetteville, AR, on the brief), for appellant.


• For Appellees:
  
• Stephen Lee Wood, argued, Rogers, AR, for appellee.