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The court affirmed summary judgment for defendant-Ford on plaintiff-Ferrari's employment-discrimination claims.

Ferrari worked under restrictions for Ford for several years before he sought an opportunity to enter Ford's apprenticeship program. The company doctor that examined him (B) declined to lift his work restrictions, finding that in addition to his neck injury, Ferrari was taking opiates, making it too dangerous for him to fulfill some of the duties of an RMI apprenticeship. Based on B's determinations, and the conclusions of the apprenticeship supervisors, Ford temporarily denied him the position, and he sued. The district court granted Ford summary judgment on Ferrari's ADA, FMLA, and PWDCRA claims. The court considered both the direct- and indirect-evidence requirements for the ADA claims, and concluded that both tests were needed to review the claims-a regarded as disabled claim under the direct method based on his opioid use, and a claim for his neck injury under the indirect method. His regarded as disabled claim failed because "Ford concluded that Ferrari's opioid use restricted him from working jobs that required ladder climbing or working at heights. Ford cleared Ferrari to work in any job that did not require those activities . . . Ford only barred Ferrari from a single, particular job-the RMI apprenticeship-and told Ferrari that he would be eligible for the job once he had weaned off opioids." Thus, the evidence did not show that it regarded his "opioid use as a substantial impairment on the major life activity of working." As to indirect evidence review, the court reiterated that the appropriate test for a prima faciecase of employment discrimination under the ADA is the Monette test. The district court incorrectly used the Mahon formulation. Assuming a prima facie case under the proper test, the court affirmed summary judgment because "Ferrari's restrictions-and the medical condition underlying them-are a legitimate, nondiscriminatory explanation for Ford's adverse employment decision[,]" and he failed to raise a genuine dispute as to pretext. He did not show that the RMI apprenticeship decision-makers did not honestly believe that his restrictions were reasonably supported by sound medical judgment. He also could not show "evidence of a causal connection between his FMLA leave and the adverse employment action." 

DIVORCE 45: Federal law preempts state law such that the parties’ consent judgment is unenforceable to the extent that it required defendant to reimburse plaintiff for the reduction in the amount payable to her due to his election to receive CRSC

BACKGROUND This case involves a dispute between former spouses who entered into a consent judgment of divorce (the consent judgment), which provided that defendant would pay plaintiff 50% of his military retirement benefits. Beyond that, the...

How to Choose a Criminal Defense Lawyer for a DUI

No one wants to be arrested, and if you are, especially for the first time, you can be very confused. Being arrested for Drunk Driving, Driving Under the Influence (DUI) or Operating While Intoxicated (OWI) - formerly Driving While Intoxicated (DWI)...

What does Client and Attorney Privilege Mean?

How much should you tell your lawyer? The fifth amendment protects U.S. citizens from incriminating themselves, but how does that work with your attorney. We get this question all the time. Many people have heard about attorney confidentiality,...

FAMILY LAW 50: A Michigan Court has jurisdiction to make an initial custody determination when it is the home state of the child on the date of the commencement of the proceeding or within 6 months before the commencement of the proceeding.

PROCEDURAL HISTORY  Plaintiff and defendant have twin sons, but never married.  On August 13, 2008, the Court of Common Pleas Juvenile Division in Montgomery County, Ohio established plaintiff as the legal father of the children and...

When You Should Contest a Will?

Wills usually go through without a problem. Well over 90% of wills have no issue making it through probate. However, there are several grounds you may have to contest a will. As a beneficiary, or someone who would gain from a will, there are legal...

What You Need to Know About Distracted Driving

A great U.S. freedom is the ability to drive the open roads. However, every year there are more than 20,000 car accidents in Michigan. Many of these accidents come from distracted driving and could have been avoided. Distracted driving is such a...

Reasons Your Will or Trust Could be Contested

Everyone reacts in their own way when a family member passes away. Emotions can run high, and people can react more strongly than they normally would. Some family members may feel cheated by what a will or trust grants them leading them to contest...

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