Ellis v. Ethicon, Inc., 070913 FED3, 10-1919

• Docket Nº: 10-1919, 12-1361
• Opinion Judge: FUENTES, Circuit Judge.
• Party Name: THERESA M. ELLIS; SCOTT A. ZUKOWSKI v. ETHICON, INC.; JOHNSON & JOHNSON, INC.; JOHN DOES, jointly, severally, and/or in the alternative, Ethicon, Inc., Appellant in 10-1919 Theresa Ellis, Appellant in 12-1361
• Attorney: Francis X. Dee (ARGUED) McElroy, Deutsch, Mulvaney & Carpenter, LLP, Counsel for Ethicon, Inc., Appellant in No. 10-1919 Michael L. Foreman (ARGUED) The Pennsylvania State University, The Dickinson School of Law, Amicus Counsel on behalf of Theresa M. Ellis, Appellant in No. 12-1361
• Judge Panel: Before: FUENTES, FISHER and CHAGARES, Circuit Judges.
• Case Date: July 09, 2013
• Court: United States Courts of Appeals, Court of Appeals for the Third Circuit

THERESA M. ELLIS; SCOTT A. ZUKOWSKI

v.

ETHICON, INC.; JOHNSON & JOHNSON, INC.; JOHN DOES, jointly, severally, and/or in the alternative,

Ethicon, Inc., Appellant in 10-1919

Theresa Ellis, Appellant in 12-1361

No. 10-1919, 12-1361

United States Court of Appeals, Third Circuit

July 9, 2013

NOT PRECEDENTIAL

Argued June 25, 2103

On Appeal from the United States District Court for the District of New Jersey (D.C. Civil No. 3-05-cv-00726) District Judges: Honorable Freda L. Wolfson, Honorable Peter G. Sheridan

Francis X. Dee (ARGUED) McElroy, Deutsch, Mulvaney & Carpenter, LLP, Counsel for Ethicon, Inc., Appellant in No. 10-1919

Michael L. Foreman (ARGUED) The Pennsylvania State University, The Dickinson School of Law, Amicus Counsel on behalf of Theresa M. Ellis, Appellant in No. 12-1361

Before: FUENTES, FISHER and CHAGARES, Circuit Judges.

OPINION

FUENTES, Circuit Judge.

These consolidated appeals arose from a complaint that Theresa M. Ellis ("Ellis") and her husband, Scott A. Zukowski, filed against Ethicon, Inc. ("Ethicon") in 2005, claiming that Ethicon had violated the Americans with Disabilities Act ("ADA") by failing to provide Ellis with reasonable accommodations for her disability of mild traumatic brain injury ("MTBI"). In No. 10-1919, Ethicon, Ellis's former employer, appeals the decision of Judge Freda L. Wolfson of the United States District Court for the District of New Jersey denying its motion for judgment as a matter of law or for a new trial. In No. 12-1361, Ellis appeals the ruling of Judge Peter G. Sheridan to deny her application for emergency relief in connection with her request for front pay until reinstatement.

Ellis was involved in a serious car accident in January of 1999, causing her to take a short-term disability leave from Ethicon. Ellis returned to her job as an engineer at Ethicon from September 1999 to April 2001, at which time she complained of increased pain, dizziness, and difficulty concentrating. She was treated by a neurologist who diagnosed Ellis with MTBI resulting from the car accident. Ellis began a second period of short-term disability leave. In preparation for her return to full-time work, Ellis's doctors recommended to Ethicon that Ellis work from home three days a week and obtain a job coach. Ethicon communicated that it could not accept these accommodations. When Ellis's second short-term disability leave ended on October 21, 2001, Ethicon rolled...