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Appellate Law

10th Circuit Rules Medical Expert Is Not Always Required for ADA Case

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On November 8, 2019, the 10th Circuit Court of Appeals affirmed in part and remanded in part Jonella Tesone's ADA claim back to the U.S. District Court.  The issue that Ms. Tesone's lawyers took to the Court of Appeals was whether a plaintiff could prevail in an ADA claim without the benefit of a medical expert.

District Court Holding  

The District Court held that it was impossible to prevail without a medical expert and the 10th Circuit reversed.  Ms. Tesone's lawyers also appealed the District Court's ruling that it had not met the "good cause" burden for an expansion of time for appointing an expert.  The 10th affirmed that decision.  Also on appeal was Ms. Tesone's motion to amend her complaint to add two additional claims for relief to her complaint.  The 10th affirmed that decision as well.  

Now What?

The case is now on remand to the District Court to determine whether summary judgment is still proper given the 10th Circuit's decision on the expert issue.

About the AuthorJoseph Whitcomb

Joe Whitcomb is the founder and president of Whitcomb, Selinsky, PC (WSM). In addition, he manages the firm and heads up the Government Procurement and International Business Transactions Law sections. As a result of his military service as a U.S. Army Ranger and as a non-commissioned officer in the Air Force, he learned mission accomplishment. While serving in the Air Force, he earned his Bachelor’s in Social Sciences and a Master’s in International Relations. His Master’s emphasis was on National Security and International Political Economics. After his military career, Joe attended law school at the University of Denver Sturm College of Law.

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