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Clackamas Gastroenterology v. Wells February 25, 2003 (01-1435) return to case listing Case Summary Respondent brought suit against Petitioner, her former employer, alleging violation of the Americans with Disabilities Act (ADA). The ADA covers employers with fifteen or more employees. Petitioner, which employed between sixteen and nineteen people during the time that Respondent worked there, argued that it was not covered by the ADA because the four physician-shareholders should be regarded as "partners," not employees. The district court agreed and granted summary judgment for Petitioner. On appeal, the Ninth Circuit reversed, holding that a professional medical corporation's physician-shareholders are "employees" for purposes of determining whether the corporation has enough employees to be covered by the ADA. The opinion of the Ninth Circuit Court of Appeals is found at 271 F.3d 903. To see the opinion of the lower court, click here. PREDICTED OUTCOME ACTUAL OUTCOME Forecasting Model Expert One Expert Two Expert Three 8-1 to Reverse 9-0 to Reverse 7-2 to Reverse n/a 7-2 to Reverse VOTING TO REVERSE Rehnquist O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer Rehnquist Stevens O'Connor Scalia Kennedy Thomas Breyer Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas VOTING TO AFFIRM Stevens Souter Ginsburg Ginsburg Breyer return to case listing