FMLA Law
 
Diane L. Sanders v. City of Newport

Diane Sanders, a former employee of the City of Newport ("the City”), sued the City when it refused to reinstate her after she took an approved medical leave. In her complaint, Sanders alleged that the City violated the Family and Medical Leave Act of 1993 ("FMLA”), the Oregon Family Leave Act ("OFLA”), and other state and federal laws when it failed to reinstate her after she to

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David Bledsoe v. Emery Worldwide Airlines, Inc.

Plaintiffs, representing a class of former employees of Emery Worldwide Airlines, Inc. (EWA), appeal from the entry of judgment in favor of defendants EWA and its parent company CNF Corporation on claims brought under the Worker Adjustment and Retraining Notification Act of 1988 (WARN Act), 29 U.S.C. §§ 2101-2109. Plaintiffs' principal claim is that the district court erred in finding, at th

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Robert Righi v. SMC Corporation of America

Robert Righi was employed as a sales representative for SMC Corporation in the company's Aurora, Illinois office. While at a mandatory training seminar in Indianapolis, he learned that his elderly mother was experiencing a medical emergency. He left the seminar and returned to Illinois to assess his mother's situation. The next day, he e-mailed his supervisor to explain that he needed "the next co

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Maria Lucia Tayag v. Lahey Clinic Hospital, Inc.

Maria Lucia Tayag ("Tayag") was terminated by her employer, Lahey Clinic Hospital, Inc. ("Lahey"), while taking an unapproved seven-week leave to accompany her husband, Rhomeo Tayag ("Rhomeo"), on a spiritual healing trip. The district court denied her claims against Lahey on summary judgment, including one under the Family and Medical Leave Act ("FMLA"), 29 U.S.C. §§ 2601-2654 (2006), and s

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Diane Spakes v. Broward County Sheriff's Office

The Broward County Sheriff's Office ("BSO”) appeals from a judgment following a jury trial in which the jury found that BSO interfered with its employee Diane Spakes's statutory right to request medical leave and fired her in retaliation for her protected leave request, in violation of the Family Medical Leave Act ("FMLA”), 29 U.S.C. § 2615(a)(1) and (a)(2) respectively. 1 The distr

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Kathleen Dolan v. City of Ann Arbor

Kathleen Dolan filed this lawsuit against her former employer, the Fifteenth District Court in Ann Arbor, Michigan, which is a trial-level court in the Michigan state-court system, and the City of Ann Arbor, after she was terminated from her position at the court as a deputy court clerk on December 4, 2006. Dist. Ct. Dkt. ("Doc.”) 43 (Amended Complaint) at 2–3. Her sole claim is based

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Roger Duello v. Buchanan County Board of Supervisors

Roger Duello ("Duello") sued Buchanan County, Iowa ("County") for wrongful termination, in violation of the Americans with Disabilities Act ("ADA") and the Iowa Civil Rights Act ("ICRA"). The district court1 granted summary judgment in favor of the defendants, finding that Duello could not prevail under either statute because he was not a "qualified individual" within the meaning of the ADA. Duell

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Chad Wilson v. Noble Drilling Services, Inc.

Chad Wilson ("Wilson”), brought suit against his employer, Noble Drilling Services, Inc. ("Noble”), alleging that he was discharged in violation of the Family Medical Leave Act ("FMLA”), 29 U.S.C. §§ 2601-54, and that Noble is liable for breach of contract under state law. The district court granted summary judgment in favor of Noble on both claims. We AFFIRM.

FACT

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Loretta Thompson v. CenturyTel of Central Arkansas

Appellant Loretta Thompson claims the district court1 erred in granting summary judgment in favor of her employer, CenturyTel, on her Family and Medical Leave Act ("FMLA”) interference claim. However, the record establishes that the district court did not err in determining that CenturyTel discharged Thompson for violating the company's call-in policy. Thus, we affirm.

I.

C

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David F. Smith v. Creston Municipal Utilities / Water Department

Plaintiff David Smith appeals the district court"s grant of summary judgment to defendant Creston Municipal Utilities (CMU) on his claims of disability discrimination under the Iowa Civil Rights Act, see Iowa Code § 216.6(1)(a) (2009), and retaliatory discharge in violation of public policy. We agree Smith failed to put forth a genuine issue of material fact that his work restrictions amounted

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Wayne Edward Grubb v. YSK Corporation

Plaintiff Wayne Grubb appeals the grant of summary judgment in favor of his former employer, YSK Corporation, on his claims of Family and Medical Leave Act ("FMLA”) retaliation and age discrimination. Grubb's FMLA retaliation claim was rejected when the district court concluded that Grubb could neither offer any direct evidence of discriminatory animus, nor demonstrate a causal connection be

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Robin D. Chaplin v. Park Hospital District, Inc.

Plaintiff-appellant Robin Chaplin appeals from the district court's order granting defendant-appellee Park Hospital District, Inc. d/b/a Estes Park Medical Center ("EPMC”) summary judgment on all Ms. Chaplin's claims. We have jurisdiction under 28 U.S.C. § 1291 and AFFIRM for substantially the same reasons as set forth in the district court's September 30, 2009 order.

I. BACKGROU

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Robin D. Chapin v. Park Hospital District, Inc.

Plaintiff-appellant Robin Chaplin appeals from the district court's order granting defendant-appellee Park Hospital District, Inc. d/b/a Estes Park Medical Center ("EPMC”) summary judgment on all Ms. Chaplin's claims. We have jurisdiction under 28 U.S.C. § 1291 and AFFIRM for substantially the same reasons as set forth in the district court's September 30, 2009 order.

I. BACKGROU

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Daniel Coleman v. Maryland Court of Appeals

Daniel Coleman appeals the dismissal of his amended complaint in this suit alleging, as is relevant here, violations of Title VII of the Civil Rights Act of 1964 ("Title VII"), see 42 U.S.C.A. §§ 2000e to 2000e-17 (West 2003 & Supp. 2010), and of the Family and Medical Leave Act of 1993 ("FMLA"), see 29 U.S.C.A. §§ 2601-54 (West 2009 & Supp. 2010). Finding no error, we affirm.

I

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Letecia D. Brown v. Automotive Components Holdings, L.L.C. and Ford Motor Company

Letecia Brown, an assembly-line worker at a Ford Motor Company plant in Indianapolis, was terminated for being absent from work without properly following Ford's leave policies and procedures. She filed suit for sex discrimination and retaliatory termination under Title VII and interference with her rights under the Family and Medical Leave Act ("FMLA”), 29 U.S.C. §§ 2601 et seq. The d

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Diane G. Reed v. City of Arlington

Kim Lubke, formerly an Arlington, Texas, firefighter, obtained a large verdict against the City of Arlington pursuant to the Family Medical Leave Act (FMLA). Lubke v. City of Arlington, 455 F.3d 489 (5th Cir. 2006). During the City's appeal to this court, Lubke and his wife filed a Chapter 7 bankruptcy case but omitted the pending $1 million-plus judgment from his sworn statements and bankruptcy f

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Deborah Michele Branham v. Gannett Satellite Information Network

Plaintiff Deborah Branham brought suit under the Family and Medical Leave Act ("FMLA”) after being terminated from her job as a receptionist for The Dickson Herald, a newspaper owned by Gannett Satellite Information Network, Inc. ("Gannett”), for excessive absenteeism. The district court granted summary judgment to Gannett. The court held that although Branham produced a medical certif

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Deborah Michelle Branham v. Gannett Satellite Information Network, Inc. d/b/a The Dickson Herald Group

Plaintiff Deborah Branham brought suit under the Family and Medical Leave Act ("FMLA”) after being terminated from her job as a receptionist for The Dickson Herald, a newspaper owned by Gannett Satellite Information Network, Inc. ("Gannett”), for excessive absenteeism. The district court granted summary judgment to Gannett. The court held that although Branham produced a medical certif

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Susan Murphy v. FedEx National LTL, Inc.

Appellant Susan Murphy sued her former employer, FedEx National LTL, Inc. ("FedEx"), claiming that FedEx violated the Family Medical Leave Act ("FMLA"), 29 U.S.C. § 2601 et seq., when it fired her after representing to her that it had granted her leave. The district court submitted Murphy's FMLA claim to a jury on an estoppel theory, and the jury returned a verdict for Murphy. The district cour

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Laura Estrada v. Cypress Semiconductor

Cypress Semiconductor (Minnesota) Inc. ("Cypress") terminated Laura Estrada in April 2008 for poor attendance. Estrada contends that one of the absences was protected by the Family and Medical Leave Act ("FMLA") and that Cypress improperly counted that absence against her in assessing her attendance. The district court1 granted summary judgment to Cypress, and Estrada appealed. We affirm.

I

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Heather Spees v. James Marine, Inc.

Shortly after being employed as a welder for James Marine, Inc. (JMI), Heather Spees discovered that she was pregnant.

At the direction of her foreman, Spees obtained a note from her physician restricting her to light-duty work, which resulted in JMI reassigning her to a position in the company's tool room. JMI terminated Spees two months later when a second doctor placed her on bedrest f

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Howard Dean Gipson v. Vought Aircraft Industries, Inc.

Plaintiff Howard Dean Gipson appeals the district court's grant of summary judgment to defendant Vought Aircraft Industries, Inc. with respect to Gipson's claims under the Family and Medical Leave Act. For the reasons described below, we affirm.

I. BACKGROUND

A. Underlying Facts

Plaintiff Howard Dean Gipson was formerly employed as a plant maintenance worker for defendant Voug

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Debra Martinez v. Target Corporation

Debra Martinez appeals from four orders entered by the district court, including a summary judgment in favor of Target Corporation on her claim of age discrimination. See, 29 U.S.C. §§ 621-634. We affirm.

I.

Martinez began working for Target in 1990 at a store in Albuquerque, New Mexico, where she held several positions, the last being Reverse Receiving Specialist. She typi

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Charlene Wisbey v. City of Lincoln

Charlene K. Wisbey appeals the district court's1 dismissal on summary judgment of her lawsuit alleging violations of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101-12213, and the Family Medical Leave Act (FMLA), 29 U.S.C. §§ 2601-2654. For the reasons explained below, we affirm.

I.

As this appeal is from a grant of summary judgment, we review the facts

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Michael W. Kobus v. The College of St. Scholastica

Michael Kobus sued his former employer, the College of St. Scholastica (the College), alleging that his forced resignation interfered with or denied his rights under the Family Medical Leave Act (FMLA) in violation of 29 U.S.C. § 2615(a)(1), and discriminated against him on account of disability in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12112(a) and (b)(5)(A)

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