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Jenny Martin v. Eli Lilly & Co.
693 F. App'x 866
11th Cir.
2017
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Lead Opinion

BALDOCK, Circuit Judge:

Plaintiff Jenny Martin obtained a jury verdict in her favor on a claim that her former employer, Defendant Eli Lilly & Company (“Lilly”), discriminated against her on the basis of her disability in violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12112. In a separate appeal, Lilly challenged the district court’s denial of its motion for judgment as a matter of law. We reversed and directed the district court to enter judgment in Lilly’s favor. See Martin v. Eli Lilly & Co., No. 16-11537, — Fed.Appx, -, 2017 WL 3098122 (11th Cir. 2017). In this appeal, Martin argues the district court incorrectly calculated the attorney’s fees it awarded her as the prevailing party. Because Martin is no longer the prevailing party, her appeal is moot. We DISMISS the appeal.






Concurrence Opinion

JORDAN, Circuit Judge,

concurring:

As noted in my dissent in Case No. 16-11537, I disagree with the majority about the merits. But, because of the majority’s ruling, Ms. Martin is no longer a prevailing party, and I agree that her appeal about attorney’s fees is necessarily moot.

Case Details

Case Name: Jenny Martin v. Eli Lilly & Co.
Court Name: Court of Appeals for the Eleventh Circuit
Date Published: Jul 21, 2017
Citation: 693 F. App'x 866
Docket Number: 16-13043
Court Abbreviation: 11th Cir.
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