8th Circ. Won't Rehear Decision That Obesity Is Not Disability

Law360, New York (May 19, 2016, 8:52 PM EDT) -- The Eighth Circuit on Thursday refused a bid by a Kansas man who was denied a job at BNSF Railway Co. to rehear a decision finding that obesity is generally not a disability under the Americans with Disabilities Act.

Melvin A. Morriss III’s bid for a rehearing en banc and a panel rehearing argued that the panel’s April decision overlooked uncontroverted medical evidence and raised important questions about the definition of disability as it relates to morbid obesity, but the appeals court denied the request in a one-page order.

No opinion was issued with the order, and attorneys for the parties...

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