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· 4/24/2007

Stephanie Gambini v. Total Renal Care, Inc., D/B/A Davita, Inc.

Citations

  • 486 F.3d 1087
  • 2007 U.S. App. LEXIS 9298
  • 12 Wage & Hour Cas.2d (BNA) 903
  • 19 Am. Disabilities Cas. (BNA) 344
  • 2007 WL 1191929

How courts have described this case

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

  • “[T]he prevailing party is not entitled to have disputed factual questions resolved in [its] favor . . . .”
  • “[I]f the law 3 fails to protect the manifestations of her disability, there is no real protection in the law 4 because it would protect the disabled in name only.”
  • “[I]f the law fails 2 to protect the manifestations of her disability, there is no real protection in the law because 3 it would protect the disabled in name only.”
  • “[T]he jury was entitled to infer reasonably that [the plaintiff’s] ‘violent outburst’ . . . was a consequence of her bipolar disorder, which the law protects as part and parcel of her disability.”
  • “[W]here an employee 21 demonstrates a causal link between the disability-produced conduct and the termination, a 22 jury must be instructed that it may find that the employee was terminated on the 23 impermissible basis of her disability.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Goodwin, Kozinski, Shadur

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.