Question
Janelle Rederford suffered from systemic lupus erythematosus when she was terminated from US Airways. Rederford brought suit against US Airways under the Americans with Disabilities
Janelle Rederford suffered from systemic lupus erythematosus when she was terminated from US Airways. Rederford brought suit against US Airways under the Americans with Disabilities Act (ADA), alleging that she had been wrongfully terminated because of her condition. Concurrently, US Airways filed a petition for relief under Chapter 11 with the bankruptcy court. Through the bankruptcy proceedings, Rederford was required to request a hearing to establish her personal injury tort, which was covered by US Airways' insurance policy. Rederford did not file any such request with the bankruptcy court. The bankruptcy court accordingly disallowed any litigation pertaining to personal injuries US Airways caused prior to its bankruptcy proceedings. Rederford later filed suit in federal court against US Airways to seek compensation. US Airways filed a motion to dismiss, claiming that the case had been discharged in bankruptcy court. Rederford argued that because she sought an equitable remedy of reinstatement to her position that her case could not have been resolved in bankruptcy court. Do you find Rederford's argument convincing? Why or why not? [Rederford v. US Airways, Inc., 2009 U.S. App. Lexis 27258.]
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started