Harold LEWIS, Plaintiff-Appellee,
v.
KMART CORPORATION, Defendant-Appellant, and
Aetna Insurance Company; Aetna Life Insurance Company, Defendants.
National Retail Federation; Chamber of Commerce; Equal Employment Advisory Council; American Council of Life Insurance; The Health Insurance Association of America; The National Alliance for the Mentally Ill; Employment Law Center; American Psychiatric Association; Disability Rights Advocates; Disability Rights Education and Defense Fund; National Association of Protection and Advocacy Systems; National Depressive and Manic Depressive Association; World Institute of Disability; Equal Employment Opportunity Commission, Amici Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued March 2, 1999.
Decided June 16, 1999.
Attorney(s) appearing for the Case
ARGUED: John Charles Fox, Fenwick & West, L.L.P., Palo Alto, California, for Appellant. Jeanne Goldberg, Victor M. Glasberg & Associates, Alexandria, Virginia, for Appellee. Jodi Beth Danis, Office of General Counsel, Equal Employment Opportunity Commission, Washington, D.C., for Amicus Curiae EEOC. ON BRIEF: Victor M. Glasberg, Victor M. Glasberg & Associates, Alexandria, Virginia, for Appellee. C. Gregory Stewart, General Counsel, Philip B. Sklover, Associate General Counsel, Vincent J. Blackwood, Assistant General Counsel, Equal Employment Opportunity Commission, Washington, D.C., for Amicus Curiae EEOC. Robert P. Joy, Robert P. Morris, Morgan, Brown & Joy, L.L.P., Boston, Massachusetts, for Amicus Curiae National Retail Federation. Ann Elizabeth Reesman, Corrie L. Fischel, McGuiness & Williams, Washington, D.C.; Stephen A. Bokat, Robin S. Conrad, Sussan Mahallati Kysela, National Chamber Litigation Center, Inc., Washington, D.C., for Amici Curiae Chamber of Commerce, et al. Phillip E. Stano, Terri Sorota, American Counsel of Life Insurance, Washington, D.C.; Jeffrey L. Gabardi, Health Insurance Association of America, Washington, D.C.; Gregory G. Katsas, Cinton R. Pinyan, Jones, Day, Reavis & Pogue, Washington, D.C., for Amici Curiae ACLI, et al. Ronald S. Honberg, National Alliance for the Mentally Ill, Arlington, Virginia; Claudia Center, The Employment Law Center, San Francisco, California, for Amici Curiae National Alliance, et al.
Before WILKINS, NIEMEYER, and HAMILTON, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
Vacated and remanded by published opinion. Judge HAMILTON wrote the opinion, in which Judge WILKINS and Judge NIEMEYER joined.
OPINION
HAMILTON, Circuit Judge:
In Rogers v. DHEC,174 F.3d 431 (4th Cir.1999), we held that Title II, § 202 of the Americans With Disabilities Act of 1990 (the ADA), 42 U.S.C. § 12132, does not require a long-term disability...
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