Nasti began her employment with Ciba in 1997. In 2002, Nasti accepted the position of Global Account Executive and became the manager of Ciba'sDowGlobal account, a position Ciba classified as "Grade 11." At that time, Nasti was designated at "Grade 10." Ciba management informed Nasti that her personnel ranking would remain at Grade 10 until she demonstrated her ability to fulfill the require

After T-Mobile USA, Inc. (T-Mobile) terminated Barbara Berry's employment, she filed an action claiming the termination violated the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101-12213, Title VII of the Civil Rights Act (sex discrimination), 42 U.S.C. § 2000e, and the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621. She also alleged breach of implied contract and p

Anthony Stuhldryer was terminated by Percival Scientific in August 2004 after being placed on probation for excessive absences. He brought suit against Percival, claiming among other things, that his termination violated the federal Family and Medical Leave Act (FMLA). The district court, finding no genuine issue of material fact, granted Percival's motion for summary judgment. Our review is

Plaintiff, Carla Mutchler, appeals the district court's grant of summary judgment to Defendants, Dunlap Memorial Hospital and Kathy Loede, on her claim that Defendants violated the Family and Medical Leave Act (FMLA), 29 U.S.C. §§ 2601 et seq. Plaintiff's appeal rests on two claims: first, that she met the "hours of service" requirement for purposes of FMLA eligibility; and second, that

Eunice Campbell appeals the district court's grant of summary judgment to Gambro Healthcare, Inc. ("Gambro") on her claims of race discrimination under 42 U.S.C. § 1981, and interference with and retaliation for taking leave covered by the Family and Medical Leave Act ("FMLA") under 29 U.S.C. §§ 2615(a)(1)­(2). On appeal, Campbell has abandoned her § 1981 race discrimination claim, and

Plaintiff-Appellant Robert Bundy appeals from the summary judgment in his disability-discrimination case. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Background

Mr. Bundy worked as a guard at the Chaves County Detention Center in Roswell, New Mexico. On October 9, 2003, he was injured in a car accident and had to have his left arm amputated above the elbow. The next

Susan Knapp appeals the district court's grant of summary judgment to America West Airlines on Mrs. Knapp's claims alleging violations of the Family and Medical Leave Act (FMLA), 29 U.S.C. §§ 2601-2654. We have jurisdiction under 28 U.S.C. § 1291, and we AFFIRM.

I.

Mrs. Knapp was a pilot for America West. In 1995, she and her husband noticed that their eldest son, born in 1986, d

Plaintiff-Appellant Kelly Hackworth appeals from the district court's grant of summary judgment in favor of Defendants-Appellees Progressive Casualty Insurance Company and Jerry Johnson (collectively "Progressive") on her claim for damages pursuant to the Family and Medical Leave Act ("FMLA"), 29 U.S.C. 2601-2654. Ms. Hackworth challenges deference to a Department of Labor ("DOL") regulation de

Whirlpool Corporation (Whirlpool) terminated Harold Crouch after determining that he falsely applied for a leave of absence. Crouch sued Whirlpool for various violations of the Family and Medical Leave Act (FMLA) and Employee Retirement Income Security Act (ERISA). The district court granted summary judgment for Whirlpool, finding in relevant part that its honest suspicion of Crouch's mi

After the district court1 granted summary judgment to Yellow Book USA, Inc., and Victoria Kreutz (now Victoria Hammon) on all of Tammy Powell's employmentrelated claims, she appealed. We affirm.

I.

Ms. Powell began her employment at Yellow Book as a data-entry processor. After an interview, Yellow Book promoted her to a financial service representative. In this new job she sat n

This case is a reminder of how procedural rules can affect the issues a court can consider on appeal. Plaintiff-Appellant Peggy Allender sought to appeal the district court's October 15, 2004 final order entering summary judgment in favor of Raytheon Aircraft Company ("Raytheon"). She waited to file her notice of appeal until after the district court denied her motion to alter or amend the judg

The jury awarded a verdict in favor of the plaintiff, Milton Whittington, Sr., in a suit under the Age Discrimination in Employment Act, 29 U.S.C. 623 et seq. (ADEA), against The Nordam Group, Inc. Nordam appeals the district court's judgment on several grounds: the denial of Nordam's motion for judgment as a matter of law (JMOL), alleged errors with respect to jury instructions, and the exclu

Heath Sample sued Rend Lake College for violating the Pregnancy Discrimination Act and the Family Medical Leave Act (FMLA) by discriminated against her for exercising her rights, and also that the college was in breach of contract.

The defenses asserted by the defendant are not available.

The present dispute is a diversity action involving Zurich American Insurance Co.'s (Zurich) payment of medical expenses incurred by Enrique Ortiz, a Matrix Service, Inc. (Matrix) employee. Matrix contracted with Zurich to provide stop-loss coverage for medical expenses incurred by eligible Matrix employees for amounts that exceed Matrix's basic coverage. Matrix paid health benefits on behalf

Does the Family and Medical Leave Act of 1993 (FMLA), 29 U.S.C. §§ 2601-2654, mandate strict liability for employers in all cases in which an employer interferes with an employee's FMLA rights? We conclude it does not. Sandra Throneberry (Throneberry) sued her employer, McGehee Desha County Hospital (Hospital), alleging three violations of the FMLA. After a jury trial, the district court

This case is an appeal from a summary judgment in an employment discrimination case. See Memorandum and Order, Howard v. Garage Door Group, Inc. 197 F. Supp. 2d 1297 (D. Kan. 2002). For the reasons detailed below, we conclude that the Plaintiff failed to establish a prima facie case of a violation of either the Age Discrimination in Employment Act, ("ADEA") 29 U.S.C. §§ 621 et seq., or the

This appeal raises two issues: First, whether the district court erred in finding that Rachael Lundquist was not disabled within the meaning of the Americans with Disabilities Act (ADA) and granting Rice Memorial Hospital's (RMH) summary judgment motion on that basis; second, whether the district court erred in denying Lundquist's motion to amend an order setting a filing deadline for amend

Plaintiff Deanne Whatley Chavez sued her former employer Defendant Thomas & Betts Corp. (T&B) and former supervisor Defendant Patricia Marrujo (Marrujo), among others, alleging violations of (1) Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17, (2) the Family Medical Leave Act, 29 U.S.C. §§ 2611 to 2654 (FMLA), (3) the New Mexico Human Rights Act, and (4) New Mexi

Nancy Harbert ("Plaintiff") brought this action against her former employer, Healthcare Services Group, Inc. ("Defendant"), alleging that Defendant wrongfully denied her request for medical leave under the Family and Medical Leave Act ("FMLA"). Defendant had denied her request based on a provision of the FMLA which excludes from FMLA eligibility any employee who is employed at a particular "w

{1} At issue in this appeal is the scope of an arbitration agreement and the ability of a non-signatory to the agreement to compel arbitration against a signatory. Defendant Lovelace Health Systems (Lovelace) appeals a district court order compelling arbitration but estopping it from arguing the issue of whether a doctor was acting outside the course and scope of his employment with Lovel

Shirley O. Fought challenges the decision by UNUM's claims administrator to deny long-term disability benefits under her employer's group disability plan.

A severe staph infection that followed elective heart surgery hospitalized and disabled Ms. Fought. UNUM's plan administrator denied coverage by concluding that Ms. Fought suffered from a pre-existing coronary artery condition that "

Plaintiff-appellant Shirley J. Bones, who suffers from tendinitis, worked for defendant-appellee Honeywell International, Inc., and its predecessor since 1986. In July 1999, Bones was notified that Honeywell deemed her to have voluntarily terminated her employment because she neither reported to work nor notified her supervisor or team of her absences on three consecutive working days, in viola

The plaintiff, Dr. Karin Pagel Meiners, Ph.D., appeals the district court's grant of summary judgment to the defendants on all her claims. Dr. Meiners sued her former employer, the University of Kansas, under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., alleging that she was denied tenure in retaliation for her filing of discrimination complaints. She also sued the Uni

Bobby Dry appeals the district court's determination that his former employer, The Boeing Company, did not interfere with his leave under the Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et seq., or violate its progressive discipline policy when terminating his employment. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

FACTUAL BACKGROUND

Dry was employe

Shirley O. Fought challenges the decision by UNUM's claims administrator to deny long-term disability benefits under her employer's group disability plan. A severe staph infection that followed elective heart surgery hospitalized and disabled Ms. Fought. UNUM's plan administrator denied coverage by concluding that Ms. Fought suffered from a pre-existing coronary artery condition that "caused,