11 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,756 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 216,775 times 40 Legal Analyses
Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
Kolstad v. Am. Dental Assn
527 U.S. 526 (1999) Cited 1,462 times 11 Legal Analyses
Holding that an employer may avoid punitive damages under § 1981a if it has made good-faith efforts to prevent discrimination in the workplace
Skinner v. Railway Labor Executives' Assn
489 U.S. 602 (1989) Cited 2,203 times 24 Legal Analyses
Holding that alcohol and drug tests mandated for railroad employees were reasonable searches and seizures, even in the absence of a warrant or reasonable suspicion, in part because of the "surpassing safety interests" served by such tests
Consol. Rail Corp. v. Railway Labor Executives
491 U.S. 299 (1989) Cited 591 times
Holding a dispute was minor because it was "arguably justified by the implied terms of its collective-bargaining agreement"
Canny v. Dr. Pepper/Seven-Up Bottling Group, Inc.
439 F.3d 894 (8th Cir. 2006) Cited 110 times
Holding that by "preemptively ... introduc[ing]" evidence at trial, the defendant "waived its challenge to the admission of the evidence on appeal"
Webner v. Titan Distribution, Inc.
267 F.3d 828 (8th Cir. 2001) Cited 84 times
Holding that lifting restrictions that eliminated heavy and very heavy work "can translate across a broad spectrum of physically demanding jobs"
Fahey v. Twin City Fan Cos.
994 F. Supp. 2d 1064 (D.S.D. 2014) Cited 2 times
Emphasizing that an employer has a duty to engage in an interactive process in good faith before rescinding an offer of employment based on a disability when it is aware of the general disability but not the employee’s individual limitations
Hann v. Nestle USA, Inc.
Case No. 13-CV-14616 (E.D. Mich. Aug. 31, 2016)
Case No. 13-CV-14616 08-31-2016 NEAL A. HANN, JR., Plaintiff, v. NESTLE USA, INC. and NESTLE DREYER'S ICE CREAM COMPANY, Defendants. Honorable Denise Page Hood ORDER DENYING IN PART AND GRANTING IN PART MOTION FOR SUMMARY JUDGMENT [Doc. No. 57] I. INTRODUCTION The instant dispute stems from the alleged termination of Plaintiff by Defendant Nestle Dreyer's Ice Cream Company on or about August 17, 2012. On November 6, 2013, Plaintiff filed a two-count complaint pursuant to the Americans with Disabilities
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 329,526 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 12113 - Defenses
42 U.S.C. § 12113 Cited 403 times 16 Legal Analyses
Providing an employer may have "a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace"

Fedorowicz v. Norfolk Southern Railway Company

11 Cited authorities

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

Holding that an employer may avoid punitive damages under § 1981a if it has made good-faith efforts to prevent discrimination in the workplace

Holding that alcohol and drug tests mandated for railroad employees were reasonable searches and seizures, even in the absence of a warrant or reasonable suspicion, in part because of the "surpassing safety interests" served by such tests

Holding a dispute was minor because it was "arguably justified by the implied terms of its collective-bargaining agreement"

Holding that by "preemptively ... introduc[ing]" evidence at trial, the defendant "waived its challenge to the admission of the evidence on appeal"

Holding that lifting restrictions that eliminated heavy and very heavy work "can translate across a broad spectrum of physically demanding jobs"

Emphasizing that an employer has a duty to engage in an interactive process in good faith before rescinding an offer of employment based on a disability when it is aware of the general disability but not the employee’s individual limitations

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Providing an employer may have "a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace"