FMLA Law
 
James D. Dotson v . Pfizer, Inc.

This case reaches the Court after a full trial on the merits in the Eastern District of North Carolina. James Dotson ("Dotson") brought suit against his employer, Pfizer, Inc. ("Pfizer"), for violations of the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601, et seq. (the "FMLA"). The jury awarded Dotson $1,876.00 on his FMLA interference claim and $331,429.25 on his retaliation claim. The ... More...   $0 (03-19-2009 - NC)

Kevin Cracco v. Vitran Express, Inc.

Kevin Cracco brought this action against Vitran Express, Inc. (“Vitran”) for violating the Family Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601- 2654, by terminating his employment upon his return from a medical leave. The district court entered an order of default against Vitran. However, before the district court entered a final judgment, Vitran filed a motion to vacate the default ord... More...   $0 (03-17-2009 - IL)

Kathleen Sariah Perkins v. Silver Mountain Sports Club and Spa, LLC

Kathleen Sariah Perkins filed a wrongful termination action against Silver Mountain Sports Club & Spa, LLC, alleging she was fired because she was pregnant and requested leave. After trial in the district court, a jury returned a verdict finding Silver Mountain had violated Perkins’s rights under the Family and Medical Leave Act (FMLA) and Title VII.

On appeal, Silver Mountain argues the ... More...
   $0 (02-25-2009 - UT)

Carole Strickland v. United Parcel Service, Inc.

Plaintiff-Appellant Carole Strickland brought various state and federal claims against Defendant-Appellee United Parcel Service, Inc. (“UPS”) after she stopped working for UPS. The only claims at issue in this appeal are claims of retaliation for utilizing the Family and Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601-2654, and sex discrimination. After Strickland presented her case at tri... More...   $0 (02-24-2009 - CO)

Donald L. Barrett v. Detroit Heading, LLC and Carolyn Hampton

Defendant-appellant Detroit Heading, LLC, terminated plaintiff-appellee Donald L. Barrett under its attendance policy because of his absence from work on November 1, 2004. On that date, Barrett, who had a history of hypertension and was being treated for the disorder, experienced a “hypertensive urgency.” Barrett filed a one-count complaint against Detroit Heading and its vice president for hu... More...   $0 (02-17-2009 - MI)

Michael Reed v. Lear Corporation

On January 5, 2006, Michael Reed sued his former employer, the Lear Corporation (“Lear”), under the Family and Medical Leave Act (“FMLA”). See 29 U.S.C. § 2601 et seq. He alleged that Lear violated the FMLA when it fired him for absences he incurred in reliance on Lear’s representation to him that he was on provisional FMLA leave. On January 31, 2008, the district court1 granted Lear’... More...   $0 (02-16-2009 - MO)

Sharon Wharton v. The Gorman-Rupp Company

Plaintiff Sharon Wharton appeals the district court’s grant of summary judgment in favor of her employer, defendant The Gorman-Rupp Company, on her claims of age discrimination and retaliation for complaining about age and sex discrimination, under OHIO REV. CODE ANN. §§ 4112.14(A) and 4112.02(I). Wharton contends that Gorman-Rupp’s rejection of her application for the position of executive ... More...   $0 (02-12-2009 - OH)

Sharon Wharton v. the Gorman-Rupp Company

Plaintiff Sharon Wharton appeals the district court’s grant of summary judgment in favor of her employer, defendant The Gorman-Rupp Company, on her claims of age discrimination and retaliation for complaining about age and sex discrimination, under OHIO REV. CODE ANN. §§ 4112.14(A) and 4112.02(I). Wharton contends that Gorman-Rupp’s rejection of her application for the position of executive ... More...   $0 (02-11-2009 - OH)

Sean Walsh, et al. v. AT&T Corporation

Following his termination from employment at AT&T, plaintiff Sean Walsh filed suit against that company, alleging violations of the Americans With Disabilities Act (ADA), 42 U.S.C. §§ 12101 - 12213, the Family and Medical Leave Act (FMLA), 29 U.S.C. §§ 2601 - 2654, and various Ohio state law provisions and policies. In his complaint and amended complaint, Walsh asserted that AT&T had: fired hi... More...   $0 (02-04-2009 - OH)

Karen Burnett v. Southwestern Bell Telephone, L.P.

Plaintiff-Appellant Karen Burnett appeals the district court’s grant of summary judgment for Defendant-Appellee Southwestern Bell Telephone (“SWBT”) on her retaliatory discharge claims under the Family and Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2611 et seq., and the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. §§ 1001 et seq. We exercise jurisdiction under 28 U.... More...   $0 (02-03-2009 - KS)

Debra Haybarger v. Lawrence County Adult Probation and Parole,e t al.

State governments and their subsidiary units are immune from suit in federal court under the Eleventh Amendment. We have held that Pennsylvania’s judicial districts are arms of the state entitled to Eleventh Amendment immunity. Benn v. First Judicial Dist. of Pa., 426 F.3d 233, 240 (3d Cir. 2005). This immunity is not absolute, however. Under the Rehabilitation Act, States waive their immunity w... More...   $0 (01-29-2009 - PA)

Melondy Bacon v. Hennepin County Medical

The parties cross-appeal the district court's1 grant of summary judgment in Hennepin County Medical Center's ("HCMC") favor. We affirm.

I

In 1992, Melondy Bacon began working as a janitor at HCMC. Beginning in approximately the summer of 2003, she began to periodically break out in hives while at work. This case arises from a hives outbreak on July 8, 2004. That same day, Bacon obtai... More...
   $0 (12-24-2008 - MN)

The University of Texas at El Paso v. Alfredo Herrera

This is an interlocutory appeal from the trial court's denial of a plea to the jurisdiction filed by the University of Texas as El Paso ("UTEP"). At issue is the self-care provision of the Family and Medical Leave Act. For the reasons that follow, we affirm.

FACTUAL SUMMARY

Alfredo Herrera was employed by UTEP as a heating, ventilation, and air-conditioning technician from 2002 to 20... More...
   $0 (11-25-2008 - TX)

Dennis W. Verhoff v. Time Warner Cable, Inc.

Dennis Verhoff appeals the district court’s
decision to grant defendant Time Warner Cable, Inc.’s motion for summary judgment on his claim
for disability-discrimination under the Americans with Disabilities Act. 42 U.S.C. § 12101. Time
Warner cross-appeals the district court’s decision to grant Verhoff’s motion for summary judgment
on his claim for interference with his ri... More...
   $0 (10-24-2008 - OH)

Dennis W. Verhoff v. Time Warner Cable, Inc.

Dennis Verhoff appeals the district court’s decision to grant defendant Time Warner Cable, Inc.’s motion for summary judgment on his claim for disability-discrimination under the Americans with Disabilities Act. 42 U.S.C. § 12101. Time Warner cross-appeals the district court’s decision to grant Verhoff’s motion for summary judgment on his claim for interference with his rights under the F... More...   $0 (10-24-2008 - OH)

Forough Nadaf-Rahrov v. Neiman Marcus Group, Inc.

Plaintiff, Forough Nadaf-Rahrov, appeals from the granting of summary judgment in favor of defendants on her various claims of employment discrimination. We reverse in part.

FACTUAL HISTORY

Forough Nadaf-Rahrov began working as a clothes fitter for The Neiman Marcus Group, Inc. (Neiman Marcus) in Dallas, Texas in April 1985. In the mid-1990s, she transferred to a fitter position in t... More...
   $0 (09-11-2008 - CA)

Antoinette Pirant v. United States Postal Service

Antoinette Pirant sued her former employer, the United States Postal Service, for an alleged violation of the Family Medical Leave Act, 29 U.S.C. §§ 2601-2654 (“FMLA”), but her suit failed on the threshold question of her eligibility for FMLA leave. She appeals, contending there were triable issues of fact regarding her FMLA eligibility—specifically, a factual dispute over whether she had ... More...   $0 (09-04-2008 - IL)

Elizabeth de la Rama v. Illinois Department of Human Services and Mary Zukowski

Elizabeth de la Rama1 brought this lawsuit against her employer alleging discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., interference with her rights under the Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et seq. and common law defamation. The district court granted the defendants’ motion for summary judgment and de la Rama appeals.... More...   $0 (09-02-2008 - IL)

Jerilyn A. Lucas v. PyraMax Bank, FSB

Jerilyn Lucas claims that her former employer, PyraMax Bank, demoted and ultimately fired her because of her gender in violation of Title VII of the Civil Rights Act of 1964, see 42 U.S.C. § 2000e to 2000e- 17. Lucas also contends that PyraMax retaliated against her in violation of Title VII, see id. § 2000e-3(a), and that it took adverse employment actions against her because she exercised her ... More...   $0 (08-22-2008 - )

In Re The Marriage of Mahmoud M. Basileh v. Arwa G. Alghusain

After the Indiana trial court granted the motion of Arwa Alghusain (“Mother”) to transfer jurisdiction over her children’s child support matters to her home county of Monterey County, California, Mahmoud M. Basileh (“Father”), the children’s father, appeals. Pursuant to the jurisdiction provision of the Uniform Interstate Family Support Act (“UIFSA”), continuing, exclusive jurisdic... More...   $0 (07-29-2008 - IN)

Steven Peters v. Gilead Sciences, Inc.

Steven Peters suffered a shoulder injury while he was employed by Gilead Sciences, Inc. He took a relatively short medical leave to have corrective surgery, and when his condition did not improve after returning to work, he took another leave. During his second absence, Gilead filled his position with another employee, and when Peters returned to work, Gilead offered him a different position. He d... More...   $0 (07-17-2008 - IN)

Glena Tjernagel v. The Gates Corporation d/b/a The Gates Rubber Company

After Glena Tjernagel (Tjernagel) was dismissed from her job, she sued her former employer, The Gates Corporation (Gates), under the Americans with Disabilities Act (ADA), the Iowa Civil Rights Act (ICRA), and the Family Medical consent of the parties pursuant to 28 U.S.C. § 636(c).

Leave Act (FMLA).1 The district court2 granted summary judgment for Gates on all claims, concluding Tjernage... More...
   $0 (07-15-2008 - IA)

Cynthia Orr, et al. v. The City of Albuquerque, et al.

Albuquerque police officers Cynthia Orr and Patricia Paiz contend that the City of Albuquerque and Mary Beth Vigil, the Personnel Director for the Albuquerque Police Department, discriminated against them on the basis of pregnancy, in violation of the Pregnancy Discrimination Act of Title VII.

Specifically, Officers Orr and Paiz allege that, when they took maternity leave, the defendants re... More...
   $0 (07-14-2008 - NM)

Frank Farrell v. Tri-County Metropolitan Transportation District of Oregon

Appellant Tri-County Metropolitan Transportation District of Oregon ("TriMet") appeals a trial verdict in favor of Appellee Frank Farrell ("Farrell") awarding him $1,110.00 in lost wages under the Family Medical Leave Act (the "FMLA"). TriMet presents a single issue on appeal: Whether the FMLA allows a plaintiff to recover damages for absences from work that were caused by an emotional condi... More...   $0 (06-27-2008 - OR)

Debra L. Lewis v. School District #70, et al.

Debra Lewis brought this action against: her employer, Freeburg Community School District No. 70; the school superintendent, Rob Hawkins; the school district's attorney, Shane Jones; the school board; and members of the school board in their individual capacities.1 She alleged violations of the Family and Medical Leave Act ("FMLA"), 29 U.S.C. 2601 et seq.; she also brought supplemental st... More...   $0 (04-26-2008 - IL)

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