Legal Opinion

January Fredenburg v. Contra Costa County Department of Health Services

Court of Appeals for the Ninth Circuit

Decided April 19, 1999No. 97-15885PublishedCited by 73 opinions

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…

2Cases cited10 opinions

  1. Ryan Operations G.P., a Virginia General Partnership and Nvr, L.P., a Virginia Limited Partnership, on Behalf of Its Division, Nvr Building Products Co. v. Santiam-Midwest Lumber Co., an Oregon Corporation Furman Lumber, Inc., a Massachusetts Corporation Bright Wood Corp., an Oregon Corporation. Bright Wood Corp., Third Party v. Forrest Paint Co., Inc., an Oregon Corporation Guardsman Products, Inc., a Delaware Corporation, Third Party Ryan Operations G.P. And Nvr, L.P. And Its Division, Nvr Building Products Co.Court of Appeals for the Third Circuit · 1996
  2. Kathlyn M. Kennedy v. Applause, Inc.Court of Appeals for the Ninth Circuit · 1996
  3. Vera L. Nunes v. Wal-Mart Stores, Inc. Mike Black Rita SilvaCourt of Appeals for the Ninth Circuit · 1999
  4. Melvin Buckingham v. United States of America, United States Postal Service, and Anthony M. Frank, Postmaster GeneralCourt of Appeals for the Ninth Circuit · 1993
  5. Roe v. Cheyenne Mountain Conference Resort, Inc.Court of Appeals for the Tenth Circuit · 1997

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3Cited by73 opinions

  1. Jacqlyn Smith v. Clark County School DistrictCourt of Appeals for the Ninth Circuit · 2013
  2. Fair Housing Coun., San Fernando v. Roommates. ComCourt of Appeals for the Ninth Circuit · 2008
  3. Robert Dark v. Curry County Curry County Road Department Dan Crumley, Individually and in His Official Capacity as Curry County RoadmasterCourt of Appeals for the Ninth Circuit · 2006
  4. Diane M. Cossette v. Minnesota Power & Light, an Employer and Business Corporation in the State of Minnesota Joseph C. BurtonCourt of Appeals for the Eighth Circuit · 1999
  5. First Tennessee Bank National Association v. Hector v. Barreto, in His Official Capacity as Administrator of the Small Business AdministrationCourt of Appeals for the First Circuit · 2001

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