Majority creates circuit split

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted September 3, 2020 11:25 AM

Dissenting from the 7th U.S. Circuit Court of Appeals’ decision to affirm summary judgment against Janet Kotaska on her claim against Federal Express Corp. for allegedly violating the Americans with Disabilities Act when it fired her from her job as a package handler at its distribution center in Cary, Ill., based on her inability to lift 75 pounds above her waist and head — although FedEx “abandoned” this excuse when Kotaska responded to FedEx’s motion for summary judgment with evidence that “demolished” its claim that …

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