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SULLIVAN v. NEIMAN MARCUS GROUP, INC.

No. 03-1606.

358 F.3d 110 (2004)

John F. SULLIVAN, Plaintiff, Appellant, v. The NEIMAN MARCUS GROUP, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided February 13, 2004.

Attorney(s) appearing for the Case

Andrew Kisseloff with whom Mitchell Notis, Annenberg & Levine and The Hale and Dorr Legal Services Center of Harvard Law School were on the brief, for appellant.

John M. Simon with whom Carol Chandler and Stoneman, Chandler & Miller LLP were on brief, for appellee.

Before LIPEZ, Circuit Judge, CAMPBELL, Senior Circuit Judge, and HOWARD, Circuit Judge.

LIPEZ, Circuit Judge.

This case, which requires us to assess whether an employee's alcoholism constituted a disability under the Americans with Disabilities Act ("ADA"), illustrates the difficulties of invoking work as the major life activity substantially limited by an impairment such as alcoholism. The case comes to us on an appeal from a summary judgment ruling against the plaintiff.

I.

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