Published opinions from 1998. The case name opens the case page.
May 29, 1998145 F.3d 114
The court held that Sam’s Club could challenge the sufficiency of the evidence because Norton had not adequately argued that the company waived that challenge by failing to renew its motion for judgment as a matter of law after the verdict.
April 13, 1998141 F.3d 434
The court held that Livingston’s pro se complaint could not be dismissed as frivolous because his allegations of coercion raised a factual question about whether his Title VII release was valid, and the information needed to assess that question was not apparent from the complaint.
The court held that the Commissioner failed to show, on substantial evidence, that Balsamo could perform sedentary work: the ALJ rejected treating doctors’ limitations without contrary medical opinion evidence and relied on nonmedical activities that did not establish sustained work capacity.
The court affirmed the district court’s rulings on the ALJ’s credibility assessment and the development of the record concerning mental disability, but vacated the judgment insofar as it upheld the denial of SSI benefits.