Stephan Pardi v. Kaiser Foundation Hospitals

Good Law
389 F.3d 840·2004 WL 2579370
United States Court of Appeals for the Ninth CircuitNovember 15, 200402-16447California5,088 words

Opinion

Opinion

Moskowitz, J.

Stephan Pardi appeals the district court’s grant of summary judgment in favor of his former employer, Kaiser Foundation Hospitals (“Kaiser”), on four claims: (1) violation of the Americans with Disabilities Act (“ADA”); (2) intentional infliction of emotional distress; (3) interference with prospective economic advantage; and (4) breach of contract. The district court granted summary judgment for Kaiser on all claims based on a settlement agreement and release (the “Settlement Agreement”), the California litigation privilege, and failure of proof of the state claims. We affirm the judgment on the claims of intentional infliction of emotional distress, interference with prospective economic advantage, and violation of the ADA with regard to pre-Settlement Agreement acts. However, we vacate the judgment as to the claims of breach of contract and violation of the ADA and remand these claims for trial.

BACKGROUND

A. Pardi’s Employment and Termination

Stephan Pardi, a licensed respiratory care practitioner, began working at Kaiser Medical Center in Oakland, California, on April 27, 1997. Pardi informed his employer that he suffers from depression, a disability under the…

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