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Brunker v. Schwan's Home Serv., Inc., No. 07-3183

By FindLaw Staff on October 22, 2009 | Last updated on March 21, 2019

In plaintiff's disability discrimination action against his former employer, district court's grant of summary judgment in favor of the defendant-employer is affirmed in part, reversed and vacated in part, and remanded where: 1) the disability-discrimination claim is remanded as although, plaintiff's impairments are not sufficient to show that he is disabled, the record contains adequate evidence to support a theory that defendant regarded him as being disabled in the major life activities of walking, caring for himself, and speaking; 2) district court's summary judgment on the reasonable-accommodation claim is affirmed; 3) district court's denial of plaintiff's motion to compel discovery on certain issues is reversed; and 4) award of sanctions are vacated because the magistrate judge unreasonably imposed them in response to plaintiff's discovery requests.   

Read Brunker v. Schwan's Home Serv., Inc., No. 07-3183

Appellate Information

Appeals from the United States District Court for the Northern District of Indiana, Hammond Division

Argued September 16, 2009
Decided October 22, 2009


Before:  Cudahy, Flaum, and Rovner, Circuit Judges

Opinion by Rovner, Circuit Judge

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