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· 12/17/2004

Gary L. Branham v. John W. Snow, Secretary, United States Department of Treasury/internal Revenue Service

Citations

  • 392 F.3d 896
  • 16 Am. Disabilities Cas. (BNA) 454
  • 2004 U.S. App. LEXIS 26262
  • 2004 WL 2913955

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a 2 reasonable juror could find the plaintiff substantially limited in the 3 activity of eating based on his diabetes, his limitations after 4 receiving treatment, and the side effects of that treatment
  • reversing district court’s direct threat finding where plaintiff had “exceptional control over his blood glucose levels” and “full awareness of all his reactions”
  • finding issues of fact on the direct threat defense where a “practice” available to an employee could “eliminate[ ] any imminence with respect to the risk of harm”
  • “ADA require[s] an individualized assessment of each plaintiff's ‘actual condition,’ rather than a ‘determination based on general information about how an uncorrected impairment usually affects individuals.’”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cudahy, Ripple, Rovner

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.