Legal Opinion

Kvilhaug v. Exxon Mobil Corp.

Court of Appeals for the Ninth Circuit

Decided May 20, 2003No. 02-35132; D.C. No. CV-00-00084-JDSPublished

1Opinion of the Court

MEMORANDUM***

Ron Kvilhaug appeals the district court’s order granting summary judgment in favor of Exxon Mobil on his Montana Human Rights Act (“MHRA”) claim. The facts are known to the parties and will not be repeated herein except as necessary.

We review de novo the district court’s decision to grant summary judgment. See Oliver v. Keller, 289 F.3d 623, 626 (9th Cir.2002). In order to survive summary judgment on his “regarded as” disabled claim under the MHRA, the burden is on Kvilhaug to make out a prima facie case that his employer regarded him as “significantly restricted in the ability…

2Cases cited8 opinions

  1. Sutton v. United Air Lines, Inc.Supreme Court of the United States · 1999
  2. Eric D. Oliver v. Jerry Keller, Sheriff Kyle Edwards Dave SwiekertCourt of Appeals for the Ninth Circuit · 2002
  3. Carroll v. Xerox Corp.Court of Appeals for the First Circuit · 2002
  4. Tardie v. Rehabilitation HospitalCourt of Appeals for the First Circuit · 1999
  5. Jacalyn Thornton v. McClatchy Newspapers, Inc.Court of Appeals for the Ninth Circuit · 2001

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