While a corporation cannot generally beat a summary judgment motion by evidence contradicting deposition testimony given by the witness it proffered under Rule 30(b)(6), the 30(b)(6) deposition testimony does not absolutely bind the corporation in the sense of a judicial admission, but rather is evidence that like other deposition testimony can be corrected, explained, supplemented or even contradicted (though subject to impeachment by the deposition testimony).  Here, deposition answers to leading questions that took snippets of a letter out of context could be supplemented by testimony regarding the entire letters. The burden-shifting standard that the Ninth Circuit applies to summary judgment motions in ADA cases when the employee claims the employer failed to engage in the required interactive process to try to accommodate the employee’s disability does not apply at trial.  Instead, at trial, the plaintiff bears the burden of proof (i.e., burden of persuasion) of all affirmative elements of the plaintiff’s claim, including the employer’s failure to engage in good faith in the required interactive process.

Ninth Circuit Court of Appeals (Melloy, J.); May 11, 2018; 2018 U.S. App. LEXIS 12336