Kresmery v. Service America Corp.

RULING ON SUMMARY JUDGMENT [Doc. #12]

ARTERTON, District Judge.

INTRODUCTION

This action arises from the plaintiffs claim of employment discrimination based upon his psychiatric disability under the Americans with Disability Act (“ADA”), 42 U.S.C. § 12101 et. seq. In the pending motion to dismiss, defendant seeks to dismiss plaintiffs claim because: (1) such claim was discharged by the confirmation of the defendant’s bankruptcy plan, (2) such claim is barred by judicial estoppel, and (3) to the extent the plaintiffs claim is based upon defendant’s conduct prior to termination of plaintiffs…