Dissenting from the 7th U.S. Circuit Court of Appeals’ decision to affirm summary judgment against Janet Kotaska on her claim against Federal Express Corp. for allegedly violating the Americans with Disabilities Act when it fired her from her job as a package handler at its distribution center in Cary, Ill., based on her inability to lift 75 pounds above her waist and head — although FedEx “abandoned” this excuse when Kotaska responded to FedEx’s motion for summary judgment with evidence that “demolished” its claim that this was actually a job requirement — Judge David F. Hamilton viewed the majority decision as having “improvised” a new theory “for FedEx’s benefit” that “backed into” a circuit split “on which party has the burden of producing evidence of a job’s essential functions.” And he urged future ADA plaintiffs to protect themselves “by insisting in discovery, at the very outset of the case, that the employer specify in detail the essential functions of the relevant job and support the claims with evidence.” Kotaska v. Federal Express, July 17, 2020).