Legal Opinion

Leonard C. McNemar v. The Disney Store, Inc.

Court of Appeals for the Third Circuit

Decided July 31, 1996No. 95-1590PublishedCited by 173 opinions

1Opinion of the Court

OPINION OF THE COURT

ALDISERT, Circuit Judge.

Under the particular facts presented here we must decide whether the teachings of Ryan Operations G.P. v. Santiam-Midwest Lumber Co., 81 F.3d 355 (3d Cir.1996), may be applied in this ease to invoke the doctrine of judicial estoppel. Specifically, we must decide whether Appellant is judicially estopped from contending that he is a “ ‘quali fied person with a disability’ ... who, with or without reasonable accommodation, can perform the essential functions” of a job as contemplated by the Americans With Disabilities Act, 42 U.S.C. §§ 12111(8),…

2Cases cited37 opinions

  1. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  2. Texas Department of Community Affairs v. BurdineSupreme Court of the United States · 1981
  3. St. Mary's Honor Center v. HicksSupreme Court of the United States · 1993
  4. McKennon v. Nashville Banner Publishing Co.Supreme Court of the United States · 1995
  5. Joseph E. Dister v. The Continental Group, Inc.Court of Appeals for the Second Circuit · 1988

32 more not listed; retrieve them via the Exa API.

3Cited by173 opinions

  1. Cleveland v. Policy Management Systems Corp.Supreme Court of the United States · 1999
  2. Krouse v. American Sterilizer CompanyCourt of Appeals for the Third Circuit · 1997
  3. Browning Manufacturing v. Mims (In Re Coastal Plains, Inc.)Court of Appeals for the Fifth Circuit · 1999
  4. Howard Hess Dental Laboratories Inc. v. Dentsply International, Inc.Court of Appeals for the Third Circuit · 2010
  5. Alternative System Concepts, Inc. v. Synopsys, Inc.Court of Appeals for the First Circuit · 2004

168 more not listed; retrieve them via the Exa API.

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