Rosemary Garity v. APWU National Labor Organization
1. Is "But for" the standard for ADA discrimination claims as determined here?
2. Did the Ninth Circuit err, in contrast to all other Courts of Appeal and the Supreme Court, when affirming summary judgment despite disputed material facts and credibility issues being determined in favor of the moving party, APWU?
3. Did the Ninth Circuit err in determining union liability contrary to most Circuit Courts and the Supreme Court?
4. Did the Ninth Circuit err in pro se consideration as to issues raised, i.e. failing to act, technicalities and determination on the merits in conflict with other Circuits and the Supreme Court?
5. Did the Ninth Circuit err in refusing to follow doctrines on law of the case and issues not raised on appeal not available, removing the liability standard set forth in the case?
Is 'But for' the standard for ADA discrimination claims?