In Carreras v. Sajo Garcia & Partners, No. 08-2068, the First Circuit faced a challenge to the district court's summary judgment for the defendant in plaintiff's action for workplace disability discrimination and retaliation.
As stated in the decision: "The record shows that in many instances Carreras' response manifestly ignores the express requirements of the anti-ferret rule. Most blatantly, in at least two instances, Carreras' opposition fails to "accept, qualify or deny" the fact listed by his opponent." Furthermore, the facts of the record fail to show that plaintiff's vision or eating is substantially limited by his diabetes, and facts dispute plaintiff's claim of retaliation as evidenced by defendant's email stating dissatisfaction with plaintiff's work.
Thus, it was within the district court's discretion to invoke the anti-ferret rule and reject plaintiff's claims as there was no genuine issue of material fact as to whether he experienced disability discrimination or was retaliated against within the meaning of the ADA.