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Shields v. Credit One Bank, N.A., No. 20-15647, 2022 U.S. App. LEXIS 12263 (9th Cir. May 6, 2022)

While an easily correctible defect is not a disability protected under the Americans with Disabilities Act, a disability need not be permanent or long-term to be protected.  Here, the employee adequately alleged an ADA claim against her former employer by pleading facts plausibly establishing that she had a physical impairment both during an immediate post-surgical period after a bone biopsy… Read More

Buchanan v. Watkins & Letofsky, LLP, No. 21-15633, 2022 U.S. App. LEXIS 9338 (9th Cir. Apr. 7, 2022)

This decision reverses a summary judgment for defendant on plaintiffs Americans with Disabilities Act claim.  The summary judgment was granted on the ground that the defendant had fewer than 15 employees, the minimum threshold for application of the ADA.  However, the decision holds that there was a triable issue of fact whether the defendant, a Nevada law limited partnership, was… Read More