United States Ninth Circuit Court of Appeal holds for Plaintiff in Disability Discrimination Case

On February 25, 2015 the 9th Circuit Court of Appeals in the case of Anthony Nigro vs Sears Roebuck and Co held that self serving statements by the plaintiff were sufficient to survive a summary judgment motion. The plaintiff had submitted had submitted declarations including that his manager told him “you’re not going to be accommodated” and “being sick” was “not helping your situation”. By making it past summary judgment the plaintiff had an opportunity to try his case in front of a judge or jury. In some cases once the case gets past summary judgment there is also more of an incentive for a defendant to reach a settlement with the plaintiff.