Kathlyn M. Kennedy v. Applause, Inc.

Kathlyn M. Kennedy has Chronic Fatigue Syndrome. Her condition required her to take a three-month medical disability leave from work. One month after she returned to work, her condition again deteriorated and she took another medical leave. Her employer, Applause, Inc., fired her.

Kennedy sued Applause in the district court, alleging that Applause violated the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., when it discharged her because of her disability. The district court granted summary judgment in favor of Applause. It held that Kennedy had failed to establish a necessary element of her pri-ma facie case: that she was qualified to perform her job, with or without reasonable accommodation by her employer. 42 U.S.C. § 12111 (8); 29 C.F.R. § 1630.2 (m). The district court also awarded Applause attorney fees and costs.

In these consolidated appeals, Kennedy appeals the district court’s summary judgment and its award of fees and costs. We have jurisdiction under 28 U.S.C. § 1291 to hear Kennedy’s appeal from the district court’s summary judgment. We affirm that judgment. We dismiss for lack of jurisdiction Kennedy’s appeal from the district court’s order…