FMLA Law
 
Michael Hardy, et al. v. AAA Cooper Transportation, Inc.

Appellants, Michael Hardy, John Anderson, Kenneth Mosley and Donta Jackson, contest the trial court's grant of summary judgment to AAA Cooper Transportation, ("Cooper"), in their suit alleging retaliatory termination for filing workers' compensation claims. Essentially, appellants argue on appeal that Cooper did not meet its summary judgment burden of negating at least one element of appellants... More...   $0 (09-11-2003 - TX)

Kathleen Brockman v. Wyoming Department of Family Services, et al.

Kathleen Brockman sued her former employer, the Wyoming Department of Family Services ("DFS"), and several employees of DFS in their individual and official capacities, claiming violations of various federal statutes and asserting state tort claims. Ms. Brockman appeals parts of the district court's order granting the defendants' motions for summary judgment on all of her claims. We exercised j... More...   $0 (09-09-2003 - WY)

Jacqueline M. Doebele v. Spring/United Management Company and Sprint Spectrum, L.P.

Jacqueline Doebele sued her former employer, Sprint/United Management Company and Sprint Spectrum, L.P. (Sprint), alleging claims under the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq. (ADA), the Family and Medical Leave Act, 29 U.S.C. § 2615 (FMLA), and Kansas state law, arising from the termination of her employment with Sprint as a financial analyst. Ms. Doebele alleged that S... More...   $0 (09-03-2003 - KS)

Kin Gibson v. City of Louisville

Kin Gibson was terminated from his job with the City of Louisville in 1998. Gibson sued the City, arguing that he was fired in retaliation for requesting leave under the Family and Medical Leave Act (FMLA). The jury returned a verdict in favor of the City. Gibson now appeals, contending that the district court's instruction to the jury contained an inaccurate statement of the law. For the reaso... More...   $0 (07-16-2003 - KY)

Michael Hardy, et al. v. AAA Cooper Transportation, Inc.

Appellants, Michael Hardy, John Anderson, Kenneth Mosley and Donta Jackson, contest the trial court's grant of summary judgment to AAA Cooper Transportation, ("Cooper"), in their suit alleging retaliatory termination for filing workers' compensation claims. Essentially, appellants argue on appeal that Cooper did not meet its summary judgment burden of negating at least one element of appellants... More...   $0 (06-19-2003 - TX)

Marion J. Wells v. Colorado Department of Transportation, et al.

Plaintiff Marion Wells appeals the district court's grant of summary judgment dismissing all her claims. She sued her former employer, the Colorado Department of Transportation (CDOT), under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., alleging that the CDOT had taken various adverse actions against her in retaliation for her repeated complaints of gender discrimination. S... More...   $0 (04-22-2003 - CO)

Viengsamon Pharakhone v. Nissan North America, Inc., and Rodney Baggett

This is an appeal from an order granting summary judgment to the defendants on a claim that the Family and Medical Leave Act, 29 U.S.C. §§ 2601 et seq. ("FMLA"), was violated when the plaintiff was discharged upon his return from FMLA leave. The plaintiff argues that there are genuine issues of material fact that should have precluded the entry of summary judgment. Concluding that the factual d... More...   $0 (04-03-2003 - TN)

Fred J. Calef, Jr. v. The Gillette Company

On December 6, 1996, Fred Calef was involved in an altercation at work at the Gillette Company which left his supervisor and co-workers fearing for their safety. Calef, who previously had received warnings following such incidents, was fired from his job at Gillette as a result. Calef brought suit alleging that Gillette violated Title I of the Americans with Disabilities Act (ADA), 42 U.S.C. §§... More...   $0 (03-12-2003 - MA)

June Herbst v. Expanets of Oklahoma, Inc.

Employment discrimination claim - 42 U.S.C. 2000e - Plaintiff originally made claims for sex and age discrimination, breach of contract, public policy discharge, ERISA violations and FMLA retaliation. All were either dismissed or abandoned and the case went to trial on age discrimination only. ... More...   $1 (02-14-2003 - OK)

Arnulfo Gradilla v. Rusking Manufacturing

This case involves the right of an employee to take family and medical leave to care for a family member with a serious medical condition. We hold that under the California Family Rights Act (“CFRA”), an employee who leaves work to travel with and care for a family member with a serious health condition is not entitled to leave when the family member decides, in spite of her seri... More...   $0 (02-14-2003 - CA)

Schultz v. Advocate Health and Hospital Corporation

Family Medical Leave Act (FMLA) and state law claims by former hospital worker when his supervisor imposed performance standards on him that he could not meet and take care of his family.... More...   $11650000 (12-13-2002 - IL)

Diane Alexander v. Alcatel, N.A., et al.

This case requires us to decide whether the district court properly granted summary judgment to the defendant employer in a Title VII sexual harassment case. The lower court held that there was no basis on which to impute liability to the employer because its response to the alleged sexual harassment of the plaintiff was both prompt and effective. The district court deemed irrelevant evidence tha... More...   $0 (10-16-2002 - VA)

Kathleen M. Roche v. St. Lukes Shawnee

Kathleen Roche appeals the district court's1 grant of summary judgment on her disability discrimination and rehabilitation claims against her employer, Saint Lukes Shawnee Mission Health Systems (Saint Lukes) based on the Rehabilitation Act, 29 U.S.C. § 794, the Missouri Human Rights Act (MHRA), Mo. Rev. Stat. § 287.780, the Family Medical Leave Act, 29 U.S.C. § 2601, and Missouri's worker's c... More...   $0 (09-27-2002 - MO)

Diana Lynn Carpenter v. Northwest Airlines

Diana Lynn Carpenter appeals the grant of summary judgment in favor of Northwest Airlines, Inc. on her claims of race discrimination, religious discrimination, violation of the Family Medical Leave Act (FMLA), and defamation. In addition, Carpenter claims the complaint included claims of hostile working environment and breach of confidentiality. Carpenter has been a reservation sales agent for... More...   $0 (09-23-2002 - MN)

John Plumley v. Southern Container, Inc.

This case poses a question of first impression: should compensation awarded for work-hours lost during an employee's successful pursuit of a grievance count as "hours of service" within the meaning of the Family and Medical Leave Act (FMLA), 29 U.S.C. §§ 2601-2654 (1994)? The district court answered this question in the negative and, accordingly, entered judgment in favor of the employer. (1) W... More...   $0 (09-13-2002 - ME)

Kathryn R. Harris v. Emergency Providers

Kathryn R. Harris, appeals the District Court's 1 adverse grant of summary judgment in her action against her former employer, Emergency Providers, Inc. (EPI), and union, International Association of Firefighters, Local No. 1-34 (IAFF). Harris claimed violations of the Family and Medical Leave Act (FMLA), section 301 of the Labor Management Relations Act, and state law. She based her claims on ... More...   $0 (08-28-2002 - MO)

Diantha Smith v. Diffee Ford-Lincoln-Mercury, Inc.

Diantha Smith ("Smith") was employed by Diffee Ford-Lincoln-Mercury, Inc. ("Diffee") of El Reno, Oklahoma. Smith's job title was "booker" or "warranty clerk," and her position required that she figure and prepare all warranty, internal, and customer pay repair orders for payment. Smith was a senior employee and apparently did her job well in most respects.

Smith's supervisor, Warren Blackke... More...   $62785 (07-30-2002 - OK)

Dorinda Craig v. Missouri Department of Health, et al.

Dorinda Craig brought suit against the Missouri Department of Health (MDH) alleging a violation of her rights under the Americans with Disabilities Act (ADA).(FN1) After a protracted procedural history, the case was dismissed by the circuit court. The judgment of the circuit court is reversed and the case is remanded.

I.

Craig's original ADA suit was filed in Cole Coun... More...   $0 (06-26-2002 - MO)

Sam Duty v. Norton-Alcoa

Norton-Alcoa Proppants (“NAP”) appeals from a final order entered in United States District Court2 denying its motion for judgment as a matter of law or for a new trial, amendment of the judgment, or remittur following a jury award of $305,000.00 in favor of its former employee Sam Duty for compensatory and liquidated damages arising from violations of the Family Medical Leave Act (... More...   $305000 (06-19-2002 - AR)

Gary L. Rinehimer v. Cemcolift, Inc.

Gary Rinehimer appeals various adverse rulings of the District Court in his case against his former employer, Cemcolift, Inc., brought under the Americans With Disabilities Act (ADA) of 1990, 42 U.S.C. S 12101 et seq. (2001), the Family Medical Leave Act (FMLA) of 1993, 29 U.S.C. S 2601 et seq. (2001), and the Pennsylvania Human Relations Act (PHRA), 43 Pa. Cons. Stat. S 951 et s... More...   $0 (06-04-2002 - PA)

Kevin Dvorak v. Mostardi Platt Associates, Inc.

Kevin Dvorak was employed by Mostardi Platt Associates, Inc. (Mostardi-Platt) from 1989 until the spring of 1997. Throughout those years, he suffered from arthritis. Dvorak's arthritic pains would come in flare-ups; there were periods during which he was able to function quite well, and other times when his mobility was significantly restricted. In 1997, during one of the flare-ups, Dvor... More...   $0 (05-10-2002 - IL)

Lona Tomlinson v. Qualcomm, Inc.

Lona Tomlinson, an at-will employee of respondent Qualcomm, Inc., received a family leave of absence from her employment as provided by California's Family Rights Act (Gov. Code, § 12945.2)1 (CFRA) and Qualcomm's personnel policies. During Tomlinson's family leave of absence, Qualcomm implemented a company-wide reduction in work force; Tomlinson was among the more than 300 employees whose empl... More...   $0 (04-17-2002 - CA)

Susan C. Darby v. Floyd Bratch

Susan Darby brought this action alleging that the defendants, the Kansas City, Missouri, Police Department, the Kansas City Board of Police Commissioners, the City of Kansas City, Missouri, and several individual employees,3 violated the Americans with Disabilities Act, 42 U.S.C. § 12112(a), and the Missouri Human Rights Act, Mo. Rev. Stat. § 213.055 (2000). She also claimed that the defendants... More...   $0 (04-11-2002 - MO)

Sinopoli v. American Arbitration Association

The facts and procedural background of this case are familiar to the parties. We cannot accept Appellant's argument that he did not receive a proper opportunity to make a complete record in this case. We reject his contention that the Communications Workers of America breached its duty of fair representation to him regarding the security report. The District Court did not err when it upheld... More...   $0 (03-26-2002 - NJ)

Heather Chandler v. Specialty Tires of America, Inc.

This is an appeal and cross-appeal in a wrongful discharge case arising under the Family and Medical Leave Act of 1993 ("FMLA") (29 U.S.C. § 2601 et seq.) and the Tennessee Handicap Act ("THA") (Tenn. Code Ann. § 8-50-103). Plaintiff Heather Chandler ("Chandler" or "Plaintiff") appeals the district court's dismissal of her THA action on summary judgment. Defendant Specialty Tires of America (Tenne... More...   $0 (03-25-2002 - TN)

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