ATC VANCOM CA v. NLRB (NLRB)
LARIMER, THOMAS v. INT'L BUSINESS MACHINES (ND Ill.) In this decision written by Judge Posner the panel affirms the lower court's grant of summary judgment for the defendant. Plaintiff was the parent of premature twins born less than a year after he was hired by IBM. A quote from the opinion:
They were hospitalized for almost two months at a total expense of almost $200,000, all of which IBM’s employee health plan paid for. By the close of discovery in January 2003 the two children seemed to be healthy and normal, but there is some probability (how great a one is unknown) that they will develop serious physical or mental handicaps as they grow older. Larimer was fired in August of 2001, shortly after the children came home from the hospital. His principal claim is that IBM violated the Americans with Disabilities Act, by firing him because his daughters are disabled. Are they? They seem fine at present, and so the question, left open in Goldman v. Standard Ins. Co., 341 F.3d 1023, 1026 and n. 2 (9th Cir. 2003), and not elsewhere answered definitively, is whether a possible, or even probable, future disability can ever be a disability that triggers the protections of the Act.MATAYA, RANDALL K. v. KINGSTON, PHILLIP A. (ED Wis.) Another Posner opinion, here petitioner-appellant claimed that he had been convicted in violation of
But what is unusual about this case, and decisive against the Brady claim, is that Hertel’s evidence was self-validating, which makes his motivation to fabricate irrelevant. The concept of self-authenticating evidence is familiar in the law of documentary evidence, Fed. R. Evid. 901, 902; Wis. Stat. §§ 909.01, .02; cf. Fed. R. Evid. 803(6), (8); United States v. Sutton, 337 F.3d 792, 797-98 (7th Cir. 2003), though we cannot find any previous case that involved oral evidence.Posted by Marcia Oddi at June 3, 2004 01:49 PM