DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
183294P.pdf 03/11/2020 Jerry Cook v. George's, Inc.
U.S. Court of Appeals Case No: 18-3294
U.S. District Court for the Western District of Arkansas - Fayetteville
[PUBLISHED] [Melloy, Author, with Kelly and Stras, Circuit Judges]
Civil case - Employment discrimination. The district court erred in
dismissing plaintiff's ADA claims for failure to make a prima facie case;
the allegations in plaintiff's complaint were sufficient to state a claim
based on the statutory elements of an ADA claim, as plaintiff plausibly
alleged defendant refused to consider rehiring him because of his
disability; plaintiff's request to amend his complaint was not futile and
should have been granted; remanded for further proceedings. Judge Stras,
dissenting.