· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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