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LARIMER v. INTERNATIONAL BUSINESS MACHINES

No. 03-2256.

370 F.3d 698 (2004)

Thomas LARIMER, Plaintiff-Appellant, v. INTERNATIONAL BUSINESS MACHINES CORP., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 3, 2004.

Attorney(s) appearing for the Case

Gregory A. Adamski, Edward H. Bogle (argued), Adamski & Conti, Chicago, IL, for Plaintiff-Appellant.

Lawrence C. DiNardo (argued), Jones Day, Chicago, IL, for Defendant-Appellee.

Before BAUER, POSNER, and EASTERBROOK, Circuit Judges.

POSNER, Circuit Judge.

Thomas Larimer, a salesman for IBM, was fired and brings suit against the company under both ERISA and the Americans with Disabilities Act. The district judge granted summary judgment for the defendant.

Larimer was hired in August of 2000, and in May of the following year his wife, who was also an employee of IBM, gave birth to twin daughters after only 29 weeks of pregnancy. At birth the two girls suffered from a variety of serious...

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