Enica v. Principi, No. 06-2187 (10/6/08). This is an ADA case. The plaintiff is a nurse that can’t lift heavy things due to a medical condition. First the first finds that an earlier administrative proceeding was not entitled to preclusive effect, because they didn’t address whether a reasonable accommodation was made. Although the defendant (the VA) engaged in an “interactive process” the First says that it is a question of fact as to whether a reasonable accommodation was made for the plaintiff. Before remanding, the First rejects the retaliation claim.