United States Ninth Circuit

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Smith v. Clark County School District, 11-17398

Summary judgment for defendant-employer on plaintiff's claims of disability discrimination and failure to accommodate under the Americans with Disabilities Act (ADA) of 1990 is: 1) affirmed in part, where the district court did not abuse its discretion by granting defendant-employer's motion for reconsideration of its initial order denying summary judgment; but 2) reversed in part and remanded, where viewing the facts in the light most favorable to plaintiff, a reasonable juror could conclude that plaintiff's applications for disability benefits are consistent with her ADA claim, and thus triable issues of fact remain.

Appellate Information

  • Decided 08/21/2013
  • Published 08/21/2013

Judges

  • GOULD

Court

  • United States Ninth Circuit

Counsel