Jackson v. Wilson, Jackson, Goodrich & Sonsini

CLIFTON, Circuit Judge,

concurring in part and dissenting in part:

I agree with the majority that summary judgment under Rule 56 should not have been entered in favor of defendants. I disagree, however, with the direction that on remand summary judgment be granted in favor of plaintiff. The evidence is not so one-sided as to eliminate genuine issues of material fact. Notably, there is a genuine issue with regard to the plaintiffs ability to do her help desk job even with her pain, in light of Defendants’ submission that her job allows her to “move around as needed.”