January Fredenburg v. Contra Costa County Department of Health Services
Court of Appeals for the Ninth Circuit
1Opinion of the Court
Opinion by Judge CANBY; Concurrence by Judge WEINER; Dissent by Judge KOZINSKI.
CANBY, Circuit Judge:
The question before us is whether plaintiff-appellant January Fredenburg is judicially estopped from establishing a claim against her former employer under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq. Fredenburg had applied for and received state temporary disability insurance benefits available to workers who, because of a physical or mental condition, are “unable to perform [their] regular or customary work.” Cal. Unemp. Ins. Code §§ 2601, 2626, 2653. The district…
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