We previously reported on Susan Hudock's pro se battle against Aventis Pharmaceuticals.*
Ms. Hudock's federal court dispute, which reached the United States Court of Appeals for the Ninth Circuit, alleged that the big pharma had discriminated against her in violation of the Americans with Disability Act (ADA). Aventis was alleged to have wrongfully terminated Hudock's employment as a sales representative when she was no longer physically able to drive herself to appointments.
After receiving an unfavorable jury verdict, Ms. Hudock appealed to the Ninth Circuit alleging an array of irregularities, including errors with the District Court's jury instructions.
In a decision dated April 25, 2007, the District Court's judgment was affirmed. Among other things, the Ninth Circuit faulted the pro se litigant for not objecting to the instructions at the time of trial. (That struck us as odd, given Susan's self-represented status and the fact that she repeatedly expressed her discomfort and lack of familiarity with the governing protocols and procedures.)
Despite the unfavorable outcome, we are advised that Susan remains steadfast.
Here's a copy of the message that we recently received from Susan's brother, John.
Dear Mr. Ferrara:
I am writing to provide you with an update on Sue's case. As you see the decision, unfortunately, was rendered for Aventis. However, Sue the good warrior that she is, ascribes to your motto and presses "Onward."
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Once again, on behalf of Sue her husband and myself we are ever grateful for your kind words and encouragement.
Thank you so much.
Best regards,
John Hudock, Hollywood, California
Enclosed with the note was a copy of Susan's " Petition for Panel Rehearing and/or in the Alternative Petition for Rehearing En Banc. "
While we don't hold out much hope that her Petition will be granted, we must admire her tenacity and spunk.
Onward!
For a copy of Ninth Circuit's decision (dated April 25, 2007), please use this link: Hudock v. Aventis Pharmaceuticals, Inc.
For a copy of Hudock's Petition for Rehearing (dated May 8, 2007), please use this link: Appellant's Petition for Panel Rehearing
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For our prior posts, see Susan Hudock: Modern-Day David and Going Pro Se: Rethinking Attorneys' Roles