Leonard C. McNemar v. The Disney Store, Inc.

How courts have described this case

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

• holding that McKennon does not apply at prima facie stage of failure-to-hire case
• deciding that district court did not abuse its discretion when it applied judicial estoppel as a per se bar to prevent a disability claimant with AIDS from proving she was a qualified individual with a disability
• observing that claims benefits forms from an ADA plaintiff asserting that plaintiff is disabled judicially estops plaintiff from asserting to the contrary in a subsequent proceeding
• applying judicial estoppel to bar plaintiff who applied for disability benefits from bringing suit under the ADA
• rejecting contention that party seeking estoppel must show that it would be prejudiced unless opponent is estopped
• distinguishing Overton on the grounds that significant evidence existed that Overton, unlike McNemar, was able to perform his duties

Source: CourtListener parenthetical corpus (CC0).