Or, Prof. Bagenstos headlines it at Disability Law, “Second Circuit Holds Timely Arrival at Work Not Necessarily an Essential Job Function.” Reversing a summary judgment in favor of the employer, the judges found that a schizophrenic case worker whose medication caused morning drowsiness was entitled to a trial on his claim that he could have accomplished the job by working extra to make up for time missed early in the day. [McMillian v. City of New York; Disability Law; Paul Mollica, Outten & Golden]
Get ready for the cognitive dissonance among many on both left and right: Second Circuit chief judge Dennis Jacobs, long a favorite of the Federalist Society (and of mine), has written the opinion striking down section 3 of the Defense of Marriage Act (DOMA) in Windsor v. U.S. I have more at my Maryland for All Families blog.
A Second Circuit panel, reversing the district court judge, says a suit against utilities can go forward characterizing carbon dioxide as a nuisance. [American Lawyer, Point of Law first, second, third posts]
With a million dollars of attorneys’ fees at stake, the trial lawyers in the infamous Grand Theft Auto case appealed the lower court decertification ruling to the Second Circuit.
In response, I filed this brief today.