Chandler v. Specialty Tires of America (Tennessee), Inc.

134 F. App'x 921
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 17, 2005
Docket02-6434
StatusUnpublished
Cited by10 cases

This text of 134 F. App'x 921 (Chandler v. Specialty Tires of America (Tennessee), Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chandler v. Specialty Tires of America (Tennessee), Inc., 134 F. App'x 921 (6th Cir. 2005).

Opinion

OPINION

ECONOMUS, District Judge.

This is an appeal in a wrongful discharge case arising under the Tennessee Handicap Act (“THA”), Tenn.Code Ann. § 8-50-103 (2004). Plaintiff Heather Chandler (“Chandler”) appeals 1) the district court’s dismissal of her THA action on summary judgment, and 2) the district court’s failure to grant her partial motion for summary judgment. For the reasons stated below, we REVERSE the judgment of the district court.

I.

In December 1998, Chandler filed a complaint alleging wrongful termination of employment in violation of the Family Medical Leave Act (“FMLA”), 29 U.S.C. § 2601 et. seq., and the THA. On August 2, 1999, defendant Specialty Tires of America (“Specialty”) filed a motion to dismiss or, in the alternative, for partial summary judgment as to Chandler’s THA claim. The district court granted the motion to dismiss on January 7, 2002.

On February 18, 2002, a Tennessee jury found in favor of Chandler on her FMLA claim. Specialty appealed the jury verdict rendered for Chandler and Chandler appealed the district court’s dismissal of her THA claim. This court upheld the jury verdict and reinstated the THA claim, holding that a genuine issue of material fact precluded summary judgment on the latter and “remand[ing] to the district court for trial on the THA claim.” Chandler v. Specialty Tires of Am. (Tenn.), Inc., 283 F.3d 818, 824 (6th Cir.2002) (“Chandler I”).

Upon remand, Specialty and Chandler both filed motions for summary judgment *923 in the district court. The court granted Specialty’s motion for summary judgment, denied Chandler’s motion for partial summary judgment, and subsequently denied Chandler’s motion for reconsideration. This timely appeal followed.

II.

In our opinion in Chandler I, we summarized the underlying facts of this case as follows:

Chandler was terminated from her job as a personnel assistant on May 22, 1998, while convalescing after a suicide attempt. Five days prior to her discharge, on Sunday, May 17, Chandler awoke, dressed her daughter, and attended church with her mother and stepfather. Following lunch at her parents’ home, Chandler left her daughter with her parents, crossed the street to her own residence, and took an overdose of pills.
At nine o’clock that evening, Chandler’s parents entered her unlocked house and found her lying semi-conscious on the bed. They rushed her to the emergency room where she was placed in intensive care. 1 The next day she was transferred to Woodridge Hospital, where she was treated by Dr. Lee Ellen Naramore, a psychiatrist. During the week she was at Woodridge, Chandler kept in close contact with the plant manager, Joe McNeer. She told McNeer what had happened and that she needed time off for medical treatment; McNeer agreed to place her on paid leave. Nobody at Specialty indicated to Chandler that her job was in jeopardy. By the end of the week, she felt better and was planning to return to work the following Tuesday. Robert Beck, personnel manager for Specialty and Chandler’s immediate supervisor, learned of Chandler’s intentional overdose on Tuesday, May 19. Believing that such behavior demonstrated a lack of responsibility, Beck concluded that he could no longer trust Chandler to handle the duties of her position and decided to terminate her employment. Beck testified that he had no knowledge of any diagnosis of illness, but based his decision entirely on what he characterized as Chandler’s irresponsible act of taking an overdose of pills. He did admit, however, to knowing that she had been granted medical leave.
Beck drafted a termination letter on May 20, 1998. Chandler’s ex-husband, Johnny Peterson, received the letter from McNeer on May 22, but did not deliver it to her until the 24th. On May 26, Chandler went to the office to get her possessions; while there, she had a tense conversation with Beck. Chandler requested that she be returned to her former position or given a similar position, but Beck refused.

Chandler I, 283 F.3d at 821-22 (footnotes and citations omitted).

III.

A. District Court Compliance with Order of Remand

As a preliminary matter, we must determine whether the district court failed to comply with this court’s prior order of remand by allowing Specialty to move for summary judgment on the THA claim. In Chandler I, after reversing the district court and ruling that the THA protected workers such as Chandler, this Court continued:

Furthermore, we find that there is a genuine issue of material fact whether Beck fired Chandler because he regarded her as disabled. The undisputed evidence in the record is that Beck lost confidence in Chandler only after he discovered that she had taken an overdose of pills in a suicide attempt. His stated reason was that he thought her act of intentionally overdosing was irresponsi *924 ble. Specialty has offered no evidence of a legitimate non-discriminatory reason for the termination other than to emphasize that Beck considered only her act of overdosing and not her mental condition. This unsupported explanation is not sufficient to overcome Chandler’s evidence. Therefore, the case shall be remanded to the district court for trial on the THA claim.

Chandler I, 283 F.3d at 824 (citation omitted). The mandate of our opinion provided as follows: “[W]e REVERSE the district court’s grant of summary judgment for Defendant and REMAND the THA claim to the district court for proceedings consistent with this opinion.” Id. at 827. Chandler argues that this language directed the district court to hold a trial on her THA claim without allowing Specialty to file a second motion for summary judgment.

“The customary procedure on remand creates a duty on the part of lower courts, which obtain jurisdiction after receiving the mandate of an appellate court, to obey the terms of the mandate and to carry it into effect.” Fort Gratiot Sanitary Landfill, Inc. v. Michigan Dep’t of Natural Res., 71 F.3d 1197, 1202 (6th Cir.1995) (citing 1B James W. Moore & Jo D. Lucas, Moore’s Federal Practice 110.404[10] (2d ed.1993)). When a lower court is directed to proceed “consistent with [an appellate court’s] opinion,” then that entire opinion is incorporated into the mandate. Id. at 1201; see also Jones v. Lewis, 957 F.2d 260, 262 (6th Cir.1992) (citing Bankers Trust Co. v. Bethlehem Steel Corp., 761 F.2d 943, 949-50 (3d Cir.1985)).

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Bluebook (online)
134 F. App'x 921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chandler-v-specialty-tires-of-america-tennessee-inc-ca6-2005.