DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
151584P.pdf 10/17/2016 Roberta Kowitz v. Trinity Health U.S. Court of Appeals Case No: 15-1584 U.S. District Court for the District of North Dakota - Bismarck [PUBLISHED] [Kelly, Author, with Riley, Chief Judge, and Colloton, Circuit Judge] Civil case - Employment Discrimination. Plaintiff produced sufficient evidence to raise a genuine issue of material fact as to whether she requested an accommodation; while she did not request an accommodation in so many words, there was evidence from which a jury could find that defendant should have understood or did understand plaintiff's written and oral communications concerning her condition - that she would be unable to complete the basic life support certification without medical clearance and that she required four months of physical therapy before completing the certification - to be a request for a reasonable accommodation; this was sufficient to trigger defendant's duty to engage in the interactive process of identifying a reasonable accommodation, and the district court's summary judgment is reversed. Judge Colloton, dissenting. 153957U.pdf 10/17/2016 Elvis Hernandez v. Loretta E. Lynch U.S. Court of Appeals Case No: 15-3957 Petition for Review of an Order of the Board of Immigration Appeals [UNPUBLISHED] [Per Curiam - Before Smith, Benton and Shepherd, Circuit Judges] Petition for Review - Immigration. Substantial evidence supported the agency decision to deny withholding of removal and CAT relief, and the decision is affirmed without comment.