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Tesone v. Empire Mktg. Strategies, 942 F.3d 979, 984 (10th Cir. Nov. 8, 2019)

Nov 8, 2019

The district court granted summary judgment on a claim arising under the Americans with Disabilities Act, because the plaintiff failed to timely designate an expert to prove disability.  The Tenth Circuit clarified that the necessity of expert testimony on the issue of disability under the ADA should be consider on a case-by-case basis, depending on the nature of the impairment.  Because the district court did not perform a case-specific analysis, summary judgment was reversed and the case remanded.  Left open was the issue of whether, on remand, the district court should consider an unsigned doctor’s note when assessing disability.