The Lamberton Law Blog

Pittsburgh employment lawyer Charles A. Lamberton

Employer short on direct threat defense
September 17, 2015
By: Charles Lamberton

The district court in Pollard v. Drummond Co., Inc., No. 12-03948 N.D. Al. (Sept. 15, 105) found a fact question on whether a coal miner using methadone to control back pain was a direct threat under the ADA. A “direct threat defense must be based on a reasonable medical judgment that relies on the most […]

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Eighth Circuit blows summary judgment appeal
October 13, 2014
By: Charles Lamberton

Sometimes a court makes a decision so off-the-charts wrong, so at odds with the facts, and so heedless of the governing legal standard, one can only wonder what prejudice or stereotype motivated the court’s thinking.  The dismissal of Caryln Johnson’s age discrimination case by a majority of the Eighth Circuit Court of Appeals is one […]

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Hat’s off to Hon. Mark R. Hornak, U.S. District Court Judge
March 7, 2014
By: Charles Lamberton

From the very first sentence of the Hon. Mark R. Hornak’s opinion in McClung et al. v. Songer Steel Services, Inc., No. 12-341, 2014 WL 793133 (W.D.Pa.), the reader knew they were in for a special treat:  “In this race discrimination suit, claims based solely on permissible inferences square off against an essentially vaporous defense […]

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