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Federal Court Grants KM&M's Motion to Dismiss ADA Complaint

March 7, 2001

Plaintiff's position was eliminated shortly after he returned to work from a medical leave of absence. He filed suit in federal court in New York, alleging that he was discharged in violation of the Americans With Disabilities Act (the "ADA").

Plaintiff attached to his Complaint a doctor's note he presented to his employer when he returned to work; the note stated that Plaintiff could not lift more than thirty pounds. On the basis of this doctor's note and the fact that his absence from work was precipitated by a shoulder injury which required surgery, Plaintiff claimed he was "disabled" under the ADA.

In lieu of answering the Complaint and commencing discovery in the case, we filed a motion to dismiss the Complaint. We argued in our motion that Plaintiff's 30-pound weight restriction did not substantially limit any major life activity and thus, he could not state a claim upon which relief could be granted under the ADA.

On March 6, 2001, the Court granted our motion to dismiss.