Legal Opinion

Burch v. Coca-Cola Co.

Court of Appeals for the Fifth Circuit

Decided August 4, 1997No. 95-10990PublishedCited by 183 opinions

1Opinion of the Court

GARWOOD, Circuit Judge:

Plaintiff-appellee-cross-appellant Robert P. Burch (Burch) brought this suit under the Americans with Disabilities Act (ADA) asserting that his termination by his employer defendant-appellant-cross-appellee Coca-Cola Co. was in violation of the ADA. Burch also advanced Texas law claims of intentional infliction of emotional distress and defamation. The trial court granted Coca-Cola’s motion for summary judgment on the state law claims and granted judgment as a matter of law for Coca-Cola on the ADA intentional discrimination claim. The jury returned a verdict in favor…

2Cases cited63 opinions

  1. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  2. Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
  3. The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
  4. Milkovich v. Lorain Journal Co.Supreme Court of the United States · 1990
  5. Randall's Food Markets, Inc. v. JohnsonTexas Supreme Court · 1995

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3Cited by183 opinions

  1. John Duda v. Board of Education of Franklin Park Public School District No. 84, John Barry, Dan PietriniCourt of Appeals for the Seventh Circuit · 1998
  2. Feist v. Louisiana, Department of Justice, Office of the Attorney GeneralCourt of Appeals for the Fifth Circuit · 2013
  3. Equal Employment Opportunity Commission v. LHC Group, Inc.Court of Appeals for the Fifth Circuit · 2014
  4. Robert N. Colwell, Charles R. Ellinger and Richard H. Abrams, Jr. v. Suffolk County Police Department, County of SuffolkCourt of Appeals for the Second Circuit · 1998
  5. Emily Snead v. Metropolitan Property & Casualty Insurance Company, a Delaware Corporation James McIntoshCourt of Appeals for the Ninth Circuit · 2001

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