TAM shareholder Kathleen Mowry Fairbanks recently was granted summary judgment in a federal employment action in favor of TAM’s client employer, securing another positive result for TAM’s Employment Law Group.
Kate represented the employer in the case Chambless v. Developmental Opportunities, Inc., in which the former employee alleged wrongful termination and violation of both the Americans with Disability Act and the Family Medical Leave Act. In response to Kate’s brief in favor of summary judgment on the federal claims, the plaintiff withdrew her FMLA claim rather than go forward on the merits.
Accepting that withdrawal, the Court applied the McKenzie test to the remaining federal ADA claim and found that plaintiff could not rebut the facts laid out in the employer’s motion to show a genuine issue requiring a trial on the merits. Based on that finding, the Court granted summary judgment on all federal claims in the employer’s favor, dismissed a pendent state law claim, and dismissed the case.
The case is Civil Action No. 09-CV-02238-PAB-KMT, venued in the United States District Court, District of Colorado.