Erit v. Judge, Inc.
| Decision Date | 18 April 1997 |
| Docket Number | Civil Action No. 96-1878. |
| Citation | 961 F.Supp. 774 |
| Parties | Charles G. ERIT, Plaintiff, v. JUDGE, INC., et al., Defendants. |
| Court | U.S. District Court — District of New Jersey |
John J. Markwardt, Markwardt & Sander, P.A., North Voorhees, NJ, for Plaintiff.
Michael P. Madden, Patrick J. Madden, Madden, Madden & Del Duca, P.A., East Hadddonfield, NJ, for Defendants.
Defendants have moved for summary judgment pursuant to Fed.R.Civ.P. 56 on Plaintiff's complaint. Jurisdiction is conferred upon this Court by 28 U.S.C. § 1331. In this employment discrimination case, Plaintiff seeks a determination by this Court whether his termination from employment was in violation of federal and state law. As a threshold matter, however, this case presents the narrow issue, recently addressed by the Third Circuit in McNemar v. Disney Store, Inc., 91 F.3d 610 (3d Cir.1996), of whether a plaintiff is judicially estopped from contending that his or her termination was in violation of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101, et seq., and the New Jersey Law Against Discrimination ("NJLAD"), N.J.S.A. §§ 10:5-1, et seq., when at the time of the discharge the plaintiff had filed applications for disability benefits claiming that he or she was disabled and could not work. For the reasons which follow, this Court concludes that Plaintiffs ADA and NJLAD claims are barred by the doctrine of judicial estoppel. I also conclude that Defendants are entitled to summary judgment on the remaining claims set forth in the complaint.1
This action arises out of Judge Computer Corporation's termination of Plaintiff's employment on or about March 7, 1994.2 Plaintiff began working for Judge Computer Corporation ("Judge") in Moorestown, New Jersey, in April, 1993, as a computer network engineer. Approximately five months later, on September 19, 1993, Plaintiff was severely injured when he fell from a three-story parking garage in New Orleans, Louisiana.3
Shortly after the incident, on October 27, 1993, Plaintiff applied for, and received disability benefits from the State of New Jersey. . In connection with Plaintiff's application for disability benefits from the State of New Jersey, Plaintiff stated in sworn certifications that he "was unable to work during the period for which benefits are claimed ..." (D.A., Ex.H), and that he has been "continuously disabled since the date of [the incident]." (D.A., Exs.I,J).
On July 28, 1994, Plaintiff applied for Social Security Disability Insurance Benefits. In support of his application for such benefits, Plaintiff likewise certified that he "became unable to work because of [his] disabling condition on September 19, 1993," and that he "[is] still disabled." (D.A., Ex.K). In addition, on the application for Supplemental Security Income from the Social Security Administration, Plaintiff stated that he "[is] disabled," and that "[t]he disability began on September 19, 1993." (D.A., Ex.L).
On April 22, 1996, Plaintiff filed this complaint, arising out of Judge's termination of his employment. The complaint advances several theories upon which Plaintiff relies in contending that his termination was violative of both federal and New Jersey law. Specifically, Plaintiff alleges that in terminating his employment, the Defendants unlawfully discriminated against him on the basis of his disability, in violation of the ADA, (First and Eighth Counts), and the NJLAD (Second, Third and Eighth Counts).
Plaintiff further contends that the Defendants violated his right to procedural due process, (Fourth Count), and breached a contract of employment between the Defendants and him. (Fifth Count). In the Sixth Count, Plaintiff also alleges that the Defendants are liable for conversion, and in the Seventh Count, Plaintiff contends that the Defendants violated the New Jersey Consumer Fraud Act, N.J.S.A. §§ 56:8-1, et sea. Finally, Plaintiff maintains that he has suffered damages as a result of the Defendants' intentional and negligent infliction of emotional distress. (Ninth and Tenth Counts, respectively). On March 26, 1997, Defendants moved for summary judgment on Plaintiff's complaint.
A party seeking summary judgment must "show that there is no genuine issue as to any material fact and that [he or she] is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). See also Hersh v. Allen Products Co., 789 F.2d 230, 232 (3d Cir.1986); Lang v. New York Life Ins. Co., 721 F.2d 118, 119 (3d Cir.1983). A district court must grant summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Orson, Inc. v. Miramax Film Corp., 79 F.3d 1358, 1366 (3d Cir.1996). In deciding whether there is a disputed issue of material fact the Court must view all inferences, doubts and issues of credibility in favor of the non-moving party. See Hancock Indus. v. Schaeffer, 811 F.2d 225, 231 (3d Cir.1987) (citation omitted); Meyer v. Riegel Prods. Corp., 720 F.2d 303, 307 n. 2 (3d Cir.1983), cert. dismissed, 465 U.S. 1091, 104 S.Ct. 2144, 79 L.Ed.2d 910 (1984). The threshold inquiry is whether there are "any genuine factual issues that properly can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986).
Moreover, Federal Rule of Civil Procedure 56(e) provides:
When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the adverse party's pleading, but the adverse party's response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If the adverse party does not so respond, summary judgment, if appropriate, shall be entered against the adverse party.
Under this rule, a defendant must be awarded summary judgment on all properly supported issues identified in its motion, except for those for which a plaintiff has provided evidence to show that a question of material fact remains. Put another way, once the moving party has properly supported its motion, "its opponent must do more than simply show that there is some metaphysical doubt as to material facts." Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986). A summary judgment movant may meet its burden by showing that the opposing party is unable to meet its burden of proof at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 2553-54, 91 L.Ed.2d 265 (1986). Nonetheless, defendants, as the moving parties on the motion, bear the initial responsibility of demonstrating the absence of a genuine issue of material fact. Id.
The issue before this Court is whether Judge's termination of Plaintiff's employment was in violation of either federal or New Jersey law. Plaintiff's complaint sets forth numerous claims, each of which will be considered in turn to determine whether it can withstand Defendants' motion for summary judgment. Because the Court finds that the undisputed material facts contained in the summary judgment record indicate that Plaintiff cannot establish that Judge's termination of Plaintiff's employment was in violation of either federal or New Jersey law, Defendants' motion for summary judgment will be granted.
In the First, Second, Third and Eighth Counts of Plaintiff's complaint, Plaintiff alleges that he was discriminated against by Defendants in violation of the ADA and the NJLAD, in that Plaintiff's disability was used to disqualify him and arbitrarily terminate his employment.4
Because the ADA and the NJLAD employ the same analytical framework in determining liability, see McNemar v. Disney Store, Inc., 91 F.3d 610, 618 (3d Cir.1996), this Court will address Plaintiff's ADA and NJLAD claims together. In order to qualify for protection against discrimination under the ADA, a plaintiff must show that he or she is a "qualified person with a disability who, with or without reasonable accommodation, can perform the essential functions of the job." 42 U.S.C. §§ 12111(8), 12112(a). Likewise, under the NJLAD, a plaintiff with a disability will be afforded protection from discrimination and unlawful employment practices "unless the nature and extent of the handicap reasonably precludes the performance of the particular employment." N.J.S.A. § 10:5-4.1. See McNemar, 91 F.3d at 618; Morris v. Siemens, 928 F.Supp. 486, 495 (D.N.J.1996); Maher v. New Jersey Transit Rail Operations, Inc., 125 N.J. 455, 482, 593 A.2d 750 (1991). In other words, a plaintiff who is unable to perform the essential functions of his or her job cannot succeed in a claim under either the ADA or the NJLAD. McNemar, 91 F.3d at 618.
Defendants argue that Plaintiff's ADA and NJLAD claims must fail because, in light of the representations that Plaintiff made in seeking disability benefits, the doctrine of judicial estoppel bars Plaintiff from maintaining that he was able to perform the essential functions of his job at the time he was discharged by Judge.
Judicial estoppel "is a judge-made doctrine that seeks to prevent a litigant from asserting a position inconsistent with one that [he or] she has previously asserted in the same or in a previous proceeding." Ryan Operations G.P. v. Santiam-Midwest Lumber Co., 81 F.3d 355, 358 (3d Cir.1996). In other words, judicial estoppel is "designed to prevent litigants from playing fast and loose with the courts." Id. (citations omitted).
The Third Circuit has recently applied this doctrine in a case similar to this one, where a plaintiff had taken one position about his ability...
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