FMLA Law
 
Alamo Heights ISD v. Catherine Clark

Alamo Heights Independent School District (AHISD) appeals the denial of the plea to the jurisdiction it filed in response to the discrimination and retaliation lawsuit filed by former employee Catherine Clark. We affirm the trial court’s order.
BACKGROUND
Clark was hired by AHISD as a physical education teacher and coach for female students at Alamo Heights Junior School in 2007. Her direc

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David A. Gauthier v. Keurig Green Mountain, Inc. f/k/a Green Mountain Coffee Roasters, Inc.

As a preliminary matter, we address Green Mountain’s motion to strike certain
portions of Gauthier’s printed case on the ground that it contains certain excerpts from
Gauthier’s deposition and two pages from Green Mountain’s employee handbook that were not
submitted to the trial court in the proceeding below by either party and thus are not part of the
record on appeal. See V.

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LuzMaria Arroyo v. Volvo Group North America, LLC d/b/a Volvo Parts of North America

LuzMaria Arroyo is an Army Reservist
and veteran who suffers from post-traumatic stress
disorder (“PTSD”). She worked for Volvo Group North
America, LLC, d/b/a Volvo Parts North America (“Volvo”)
from June 2005 until she was fired in November 2011. Volvo
says it fired her for violations of its attendance policy, but
2 No. 14-3618
Arroyo claims the real reason was discr

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John Michael Woods v. City of Berwyn

When John Woods told a coworker
at the Berwyn Fire Department that “he wanted to
2 No. 13-3766
kill somebody, all of them” and that his children were going
to “go over there” and “tune them up,” referring to his
coworkers and superiors, Fire Department Chief Denis
O’Halloran looked into the statements and eventually recommended
termination. A three-member panel for the<

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Robert Hurtt v. International Services, Inc.

Plaintiff-Appellant, Robert Hurtt (“Hurtt”),
appeals the district court’s order granting summary judgment to Defendant-Appellee,
International Services, Inc. (“ISI”) on Hurtt’s claims of: (1) disability discrimination and failure
to accommodate under the Americans with Disabilities Act (“ADA”),1 42 U.S.C. § 12112(a);
(2) Michigan’s Persons with Disabilities Civil Rights Act (“PWDCR

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Jessica Brown v. Diversified Distribution

Diversified is a supply chain company that acquires a variety of products for commercial retailers and other businesses. In 2002 Brown began working for Diversified as a customer service representative. She was later promoted to the position of backup account executive. Such "backup" account executives support account executives who are on sick leave or taking personal time. Unlike account ex

More...   $0 (09-07-2015 - MN)

Jessica Brown v. Diversified Distribution

Jessica Brown brought this action against her employer, Diversified
Distribution Systems, alleging that she was demoted and terminated in violation of
the Family and Medical Leave Act ("FMLA"), 29 U.S.C. §§ 2601–2654. She also
brought claims under two Minnesota employment statutes, Minn. Stat. § 181.933 and
Minn. Stat. § 181.961. The district court granted summary judgment for Dive

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DEBORAH HANSLER v. LEHIGH VALLEY HOSPITAL NETWORK

Hansler was hired by Lehigh Valley in 2011 to work as a technical partner. In early March 2013, Hansler began experiencing shortness of breath, nausea, and vomiting. At the time, the cause of these symptoms was unknown. On March 13, Hansler’s physician completed a medical certification form “requesting intermittent leave at a frequency of 2 times weekly starting on March 1, 2013 and lasting for a

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Deborah Hansler v. Lehigh Valley Hospital Network

Deborah Hansler requested intermittent leave from her former employer, Lehigh Valley Health Network (“Lehigh Valley”), under the Family Medical Leave Act of 1993 (“FMLA” or the “Act”), 29 U.S.C. § 2601 et seq.1 Specifically, Hansler submitted a medical certification
1 The case name incorrectly refers to Lehigh Valley Health Network as Lehigh Valley Hospital Network.
3
requesting leave

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Ena J. Wages v. Stuart Management Corporation

Ena Wages sued her employer, Stuart Management Corporation (StuartCo),
alleging that StuartCo violated her rights under the Family and Medical Leave Act,
29 U.S.C. §§ 2601–2654. On the parties’ cross motions for summary judgment, the
district court granted summary judgment in favor of Wages on her FMLA claims. For
the reasons below, we affirm the judgment on liability but vacate an

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Paul Janczak v. Tulsa Winch, Inc.

Tulsa, OK - The Tenth Circuit reverses summary judgment for defendant on Family Medical Leave Act claim

After suffering an injury, Paul Janczak took leave under the Family and Medical
Leave Act (“FMLA”). Immediately upon his return from FMLA leave, his employer,
Tulsa Winch, Inc. (“TWI”), terminated his employment. TWI claimed that it had decided
to terminate Janczak’s positio

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Elizabeth Burciaga v. Ravago Americas, L.L.C.

Elizabeth Burciaga sued her employer, Ravago Americas LLC (Ravago),
alleging Ravago violated her rights under the Family Medical Leave Act (FMLA), 29
U.S.C. §§ 2601-2654. The district court1 granted summary judgment in favor of
Ravago, and Burciaga appeals. We affirm.
I
Burciaga began working at one of Ravago’s unit branches in August 2007 as
a customer service representati

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Elizabeth Burciaga v. Ravago Americas, LLC

Elizabeth Burciaga sued her employer, Ravago Americas LLC (Ravago),
alleging Ravago violated her rights under the Family Medical Leave Act (FMLA), 29
U.S.C. §§ 2601-2654. The district court granted summary judgment in favor of
Ravago, and Burciaga appeals. We affirm.
I
Burciaga began working at one of Ravago’s unit branches in August 2007 as
a customer service represent

More...   $0 (07-02-2015 - IA)

Deborah Hansler v. Lehigh Valley Hospital Network

Deborah Hansler requested intermittent leave from her former employer, Lehigh Valley Health Network (“Lehigh Valley”), under the Family Medical Leave Act of 1993 (“FMLA” or the “Act”), 29 U.S.C. § 2601 et seq.1 Specifically, Hansler submitted a medical certification requesting leave for two days a week for approximately one month. As alleged in the complaint, the medical certification

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Jeffrey Bonkowski v. Oberg Industries, Inc.

Plaintiff Jeffrey Bonkowski appeals from the order of the United States District Court for the Western District of Pennsylvania granting the summary judgment motion filed by Defendant Oberg Industries, Inc. (“Oberg”) with respect to his claims under the Family and Medical Leave Act (“FMLA”). In this appeal, the Court must interpret a Department of Labor (“DOL”) regulation—which state

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Avery Richey v. Autonation, Inc.

An employer terminated an employee who was absent on approved medical leave, but engaged in outside employment in violation of company policy. After an 11-day arbitration hearing, the arbitrator relied on the federal ―honest belief‖ defense and rejected the employee‘s claim that the employer violated the employee‘s right to reinstatement under the Moore–Brown–Roberti Family Rights Act

More...   $0 (01-29-2015 - OK)

Dean Alexander v. FedEx Ground Package System, Inc.

As a central part of its business, FedEx Ground Package
System, Inc. (“FedEx”), contracts with drivers to deliver
packages to its customers. The drivers must wear FedEx
uniforms, drive FedEx-approved vehicles, and groom
themselves according to FedEx’s appearance standards.
FedEx tells its drivers what packages to deliver, on what
days, and at what times. Although driv

More...   $0 (08-28-2014 - CA)

KIPP, Inc. v. Kimberly Whitehead

In this interlocutory appeal,1 appellant, KIPP, Inc. (“KIPP”), challenges the trial court’s order denying its plea to the jurisdiction2 on the claims brought against
1 See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(8) (Vernon Supp. 2013) (permitting governmental unit to appeal order denying plea to jurisdiction).
2
it by appellee, Kimberly Whitehead, for employment discriminat

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Deborah Malin v. Hospira, Inc.

Plaintiff Deborah Malin appeals from the district court’s grant of summary judgment in favor of her employer on her retaliation claim under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and in favor of the employer and several managers on her retalia-tion claim under the Family and Medical Leave Act, 28 U.S.C. § 2601 et seq. We reverse and remand for trial.
2 No. 13

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Sakari Jarvela v. Crete Carrier Corporation

Many Americans suffer from alcoholism. Sakera Jarvela, a commercial truck driver, is one of those individuals. Department of Transportation (DOT) regulations prohibit anyone with a “current clinical diagnosis of alcoholism” from driving commercial trucks. Jarvela’s employer, Crete Carrier Corporation, contends that it maintains a company policy that prohibits it from employing anyone who has

More...   $0 (06-18-2014 - GA)

Ronald Ross v. Kevin Gilhuly; Continental Tire of Americas, LLC

Ronald Ross appeals a grant of summary judgment by the United States District Court for the Eastern District of Pennsylvania to Continental Tire of Americas LLC (“Continental”) and Kevin Gilhuly in this Family and Medical Leave Act (“FMLA”) action. 29 U.S.C. §2601 et seq. Because Ross received all to which he was entitled under the FMLA, and suffered no adverse employment consequences for

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Armand Santoro v. Accenture Federal Services, LLC

Dr. Armand Santoro appeals the district court’s order granting the motion by Accenture Federal Services, LLC (Accenture) to compel arbitration. Because we agree with the district court that the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) does not invalidate the arbitration agreement between Accenture and Santoro, we affirm.

I.

Santoro began hi

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Scott Bellone v. Southweick-Tolland Regional School District

In this action alleging violations of the Family and Medical Leave Act of 1993 (FMLA), 29 U.S.C. §§ 2601-2654, plaintiff-appellant Scott Bellone appeals from the district court's grant of summary judgment in favor of his former employer, the Southwick-Tolland Regional School District. He argues, among other things, that the district court overlooked several genuine issues of material fact, misap

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Susan White v. County of Los Angeles

When an employee takes leave under the Family and Medical Leave Act (FMLA) (29 U.S.C. § 2601 et seq.), the employee is entitled to be restored to employment upon certification from the employee’s health care provider that the employee is able to resume work. The employer is not permitted to seek a second opinion regarding the employee’s fitness for work prior to restoring the employee to empl

More...   $0 (04-15-2014 - CA)

Angela Ames v. Nationwide Mutual Insurance Co

Angela Ames appeals from the district court’s1 grant of summary judgment to Nationwide Mutual Insurance Company, Nationwide Advantage Mortgage Company, and Karla Neel (collectively, Nationwide) on her sex- and pregnancy-based employment discrimination claims brought under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., and the Iowa Civil Rights Act (ICRA), Iowa

More...   $0 (03-13-2014 - IA)

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