United States Ninth Circuit

In an action against UPS alleging disability discrimination and retaliation in violation of the Americans with Disabilities Act (ADA), summary judgment and a jury verdict for UPS is affirmed in part and reversed in part where: 1) summary judgment finding that plaintiff was not disabled within the meaning of the ADA was error, as sufficient evidence established a genuine issue of material fact as to whether plaintiff's impairment was substantial and limited his ability to perform regular daily activities including breathing, thinking and physical activities in temperatures of 90 degrees or more; but 2) there was no error requiring reversal with regard to the jury verdict on the retaliation claim.

Appellate Information

• Argued 02/12/2008
• Decided 06/16/2008
• Published 06/16/2008

Judges

• THOMPSON, Senior Circuit Judge:, Before:  WILLIAM C. CANBY, JR., DAVID R. THOMPSON, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Daniel Bonnet, Phoenix, AZ, for the plaintiff-appellant.


• For Appellees:
  
• David T. Barton, Phoenix, AZ, for the defendant-appellee.