Thursday, July 06, 2006

Dark v. Curry County (9th Cir. - July 6, 2006)

Judge O'Scannlain has written some pretty good opinions in his day. Like this one. And this one. And this one. And others. Mind you, he's written some pretty crappy opinions as well.

But this one falls into the former category. It is a analytical, well-reasoned, temperate, and persuasive opinion. Judge O'Scannlain decides that even though plaintiff's ADA claim (the plaintiff was allegedly terminated because he had epileptic seizures -- and, indeed, I think it's pretty clear he was) wasn't entirely cognizable on all fronts, it was nonetheless improper to enter summary judgment in favor of the defendant, since it was possible that a jury would find that at least some types of reasonable accommodation were possible.

This opinion really is "fair and balanced". I liked it.

Good job, Diarmuid.