We obtained summary judgment for a home improvement retailer in an employment discrimination case filed by a former sales employee who claimed both disability harassment and unlawful termination under the ADA and FMLA. The harassment claim was dropped by plaintiff’s counsel after we asserted a spoliation defense, as the documentation he claimed would provide evidence affirming the claim was never located or produced. In our motion papers, we asserted under numerous theories that Lowe’s was entitled to an adverse inference in light of this testimony. The district judge dismissed the case in its entirety.
Obtained Summary Judgment in Discrimination Lawsuit for Home Improvement Retailer
Client Type: Public Company