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Thursday, October 22, 2009

Ind. Decisions - One Indiana decision today from the 7th Circuit

In Frank Brunker v. Schwan's Home Service (ND Ind., Judge Moody), a 14-page opinion, Judge Rovner writes:

Frank Brunker sued Schwan’s Home Service, Inc., his former employer, for disability discrimination and failure to accommodate in violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101 et seq. On appeal he challenges the district court’s grant of summary judgment for Schwan’s, in which the court determined that Brunker was not disabled. He also challenges earlier rulings denying his motions to compel discovery and imposing sanctions on him for filing those motions. We reverse the grant of summary judgment, reverse the denial of a motion to compel, and vacate the award of sanctions. * * *

Accordingly, we AFFIRM in part, VACATE and REVERSE in part, and REMAND for proceedings consistent with this opinion. Brunker should be allowed additional discovery as we have outlined above. Circuit Rule 36 shall apply on remand.

Posted by Marcia Oddi on October 22, 2009 12:24 PM
Posted to Ind. (7th Cir.) Decisions