Monique M. Weiner – Summary Judgment Win in the United States Fifth Circuit Court of Appeals

Monique Weiner’s appellate briefing, and preparation of the defense at the trial court level, resulted in the United States Fifth Circuit Court of Appeals affirming the trial court’s grant of summary judgment in Keri Richard v. DuPont Company. After her termination, the plaintiff claimed that she was disabled under the Americans with Disability Act (ADA), and that DuPont had failed to accommodate her disability, resulting in a discrimination and wrongful termination claim. She also alleged that she was discriminated against because of her gender and her pregnancy. The trial court granted summary judgment as to all claims, and the Fifth Circuit affirmed the dismissal, finding that no genuine issues of fact existed as to whether the plaintiff was disabled under the ADA, or whether she had proved pretext for the gender discrimination claim. The unpublished opinion can be located at 2010 WL 3852347 (C.A.5 (La.) 2010).