This appeal arises from a complaint filed by David Meuser ("Meuser/Appellant") against Federal Express Corporation ("FedEx") on February 9, 2006, in the Hampshire Superior Court, in the Commonwealth of Massachusetts, alleging violation of the Massachusetts Civil Rights Act ("MCRA”), Mass. Gen. Laws ch. 149, § 52C, intentional infliction of emotional distress, and discharge in violation of

Donna J. Nealey appeals the district court's entry of summary judgment in favor of her former employer, Water District No. 1 of Johnson County, Kansas (WaterOne), on her claims under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101-12213; the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-634; and the Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601-54.

¶1 Robert Howell and Pete Hodap bring separate appeals related to a civil suit alleging multiple constitutional and tort violations arising out of the execution of a search warrant. Patti Howell and Randy Johnson submit cross-appeals. For the following reasons and those set forth in the simultaneously filed memorandum decision,1 we affirm in part and reverse in part.

I.

¶2 On W

Plaintiff-appellant Robin Allen Morris appeals the district court's grant of summary judgment in favor of defendant-appellee Family Dollar Stores of Ohio, Inc. ("Family Dollar”). After Morris was terminated from Family Dollar, he filed a complaint against Family Dollar alleging: (1) violation of the Family Medical Leave Act ("FMLA”); (2) violations of Title VII of the Civil Rights Act

On August 8, 2005, Prefix, Inc., terminated Jonathan Bell. Bell sued under the Family and Medical Leave Act (FMLA), claiming that he was discharged in retaliation for leaves of absence he had recently taken to care for his dying father. The district court granted summary judgment for Prefix, and Bell appeals. We reverse because Bell has made a prima facie case of unlawful discrimination and has pr

Tanum Smith appeals from the district court's grant of summary judgment in her suit against her former employer, The Hope School, for denying her rights under the Family and Medical Leave Act. Smith claims that the district court improperly held that her application for leave was fraudulent because she altered a health care provider's certification form, arguing that the alteration is irrelevant b

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 def

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. Th

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 cas

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 di

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

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

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 Lea

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

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

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:

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 whe

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

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

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 u

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 Family

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

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 appeal

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 wheth

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