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Civil Litigation,
9th U.S. Circuit Court of Appeals

May 21, 2018

Ruling explores when an admission is not an admission

The 9th Circuit recently issue a ruling in an ADA case, but the interesting part of the holding is how it highlights the importance of the distinction between “evidentiary” admissions and “legal” or “judicial” admissions.

Michael H. Leb

Neutral
Leb Dispute Resolutions

Labor & Employment

Phone: (310) 284-8224

Fax: (310) 284-8229

Email: michael@lebdr.com

U Michigan Law School

THE NEUTRAL CORNER is a monthly column discussing recent cases or topics of interest from a neutral's perspective.

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Ruling explores when an admission is not an admission

THE NEUTRAL CORNER

On May 11, the 9th U.S. Circuit Court of Appeals filed its opinion in Snapp v. BNSF Rialway, 2018 DJDAR 4372. The primary focus of this case arising under the Americans with Disabilities Act is the proper characterization of the employee's evidentiary burden at trial regarding an employer's failure to engage in the interactive process. More interesting, however, is the holding highlighting the imp...

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