Janelle Rederford suffered from systemic lupus erythematosus when she was terminated from US Airways. Rederford brought suit against US Airways under the Americans with Disabilities Act (ADA), alleging that she had been wrongfully terminated because of her condition. Concurrently, US Airways filed a petition for relief under Chapter 11 with the bankruptcy court. Through the bankruptcy proceedings, Rederford was required to request a hearing to establish her personal injury tort, which was covered by US Airways' insurance policy. Rederford did not fi le any such request with the bankruptcy court. The bankruptcy court accordingly disallowed any litigation pertaining to personal injuries US Airways caused prior to its bankruptcy proceedings. Rederford later filed suit in federal court against US Airways to seek compensation. US Airways filed a motion to dismiss, claiming that the case had been discharged in bankruptcy court. Rederford argued that because she sought an equitable remedy of reinstatement to her position that her case could not have been resolved in bankruptcy court. Do you find Rederford's argument convincing? Why or why not?

  • CreatedOctober 21, 2015
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