FMLA Law
 
James P. Breneisen, Jr. v. Motorola, Inc.

The plaintiffs appeal adverse decisions below relating to their one-time employer Motorola's alleged violation of their rights under the proscriptive anti-discrimination and anti-retaliation provisions of § 2615 of the Family and Medical Leave Act (the "FMLA”). James Breneisen appeals the district court's dismissal of his claim based on a determination that he was not eligible for recover

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Maureen Hergenreder v. Bickford Senior Living Group, LLC

Maureen Hergenreder began working as a nurse for Bickford Senior Living Group in early November 2006. She filed this suit after she was fired from her job with Bickford in January 2007, alleging that her firing was in violation of the Americans with Disabilities Act. In response, Bickford filed a motion to stay the proceedings and compel arbitration. The district court granted this motion and dism

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Victoria Serednyj v. Beverly Healthcare, LLC

Beverly Healthcare, LLC ("Beverly”), employed Victoria Serednyj as an Activity Director in Beverly's Golden Living nursing home in Valparaiso, Indiana, from August 2006 to March 2007. In early January 2007, Serednyj learned she was pregnant, and, at the end of February 2007, she began to experience pregnancy-related complications. Her doctor placed her on bed rest for two weeks, and, at the

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Katrina L. Rogers v. County of Los Angeles

After 19 weeks of medical leave, long-time employee Katrina L. Rogers returned to her job with the County of Los Angeles, only to learn that she was being transferred to another position in another department. She sued the County for violation of the California Family Rights Act of 1993 (CFRA) (Gov. Code, § 12945.2). Her claim had two components: (1) that the County interfered with her CFRA rig

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Jordan To v. US Bancorp

Jordan To appeals the district court's1 grant of summary judgment in favor of his former employer, appellee U.S. Bank, in this wrongful-termination suit brought pursuant to the Uniformed Services Employment and Reemployment Rights Act (USERRA). We affirm.

I. BACKGROUND

From March 2007 to August 2008, To worked for U.S. Bank as a Senior Research Clerk. In October 2007, To enlisted

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Di ann Sanchez v. Dallas/Fort Worth International Airport Board

Di Ann Sanchez filed suit against her former employer, alleging discrimination and retaliation in violation of the Americans with Disabilities Act, the Family Medical Leave Act, and the Texas Commission on Human Rights Act. The district court granted summary judgment dismissing the suit, finding the evidence from the defendant of nondiscriminatory reasons for her termination to be uncontested. We

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Relenthis Blakley v. Schlumberger Technology Corp.

Relenthis Blakley filed suit against Schlumberger Technology Corporation ("Schlumberger"), alleging that Schlumberger wrongfully denied (or delayed) her promotion and, subsequently, wrongfully terminated her. She asserted several claims for various forms of discrimination and retaliation under federal law, in addition to state-law tort claims. The district court2 granted Schlumberger's motion to d

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Corby Burus v. The Wellpoint Companies, Inc. d/b/a Anthem Blue Cross and Blue Shield

Plaintiff Corby Burus appeals from the district court's grant of summary judgment dismissing her demotion and termination claims in this employment-discrimination case.

We AFFIRM, adopting the district court's opinion, Burus v. Wellpoint Cos., Inc., No. 5:08-154- KKC, 2010 WL 1253089 (E.D. Ky. Mar. 25, 2010), with a minor exception pertinent to the demotion claim. We add discussion on certa

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Christopher Millea v. Metro-North Railroad Company

10 Following a jury trial in the United States District
11 Court for the District of Connecticut (Bryant, J.),
12 plaintiff Christopher Millea won partial victory on his
13 claims under the Family Medical Leave Act ("FMLA”). He and
14 the defendant, Metro-North Railroad Co. ("Metro-North”),
15 cross-appeal. Millea argues that, on his unsuccessful
16 retaliation

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Deborah Harris v. Dallas Independent School District

* Plaintiff, Dr. Deborah Harris, appeals from the district court's order granting summary judgment for defendant Dallas Independent School District (D.I.S.D.) on her claim under the Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601, et seq., which permits individuals who work for covered employers to take temporary leave for a "serious health condition,” 29 U.S.C. § 2612. We AFFIRM

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Kerry Wallis v. Central Contra Costa Transit Authority

Plaintiff-Appellant Kerry Walls ("Walls”) appeals the district court's grant of summary judgment in favor of Defendant-Appellee Central Contra Costa Transit Authority ("CCCTA”). Walls is a former bus driver for CCCTA. After being terminated on January 27, 2006, Walls was reinstated on March 2, 2006 pursuant to an agreement executed over the course of a grievance process between Walls,

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Larry Holland v. Schwan's Home Service, Inc.

Larry Holland sued Schwan's Home Service, Inc. claiming that he was fired from his job because he took Family Medical Leave Act (FMLA) leave because of an on the job back injury. Plaintiff was told by his doctor to take some time off from work to nurse an injured back. While he was off work, Defendant's management manufactured a reason for firing him when he returned to work.

Schwan's cl

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Jack Bell v. Dallas County

In this Family Medical Leave Act ("FMLA”) lawsuit, Plaintiff-Appellant Jack Bell ("Bell”) appeals the district court's order granting summary judgment to Bell's former employer, Defendant-Appellee Dallas County ("County”). Bell argues that the district court erred by denying his summary judgment motion and by concluding that the County had not interfered with his FMLA rights and

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Gary Quinnett v. State of Iowa

Gary Quinnett brought this suit under the Employee Retirement Income Security Act ("ERISA”), 29 U.S.C. §§ 1001-1461, and the Family and Medical Leave Act ("FMLA”), 29 U.S.C. §§ 2601-2654, against the State of Iowa, the Iowa Department of Administrative Services ("DAS”), and two officials of the DAS. The district court2 dismissed all of Quinnett's claims, and he appeal

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Aaron Smeigh v. Johns Manville, Inc.

Aaron Smeigh brings this diversity suit against his former employer, Johns Manville (JM), for retaliatory discharge and civil conversion under Indiana law. He alleges that JM wrongfully terminated his employment for filing a workers' compensation claim and unlawfully retained his personal property after his termination.

JM moved for summary judgment on Smeigh's claims and the district court

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Jason Hearst v. Progressive Foam Technologies,

On May 1, 2007, Progressive Foam Technologies (PFT) fired Jason Hearst for job abandonment. Hearst—who had been on a medical leave of absence from PFT for nearly four months—filed this lawsuit against PFT and its Human Resources Director, Bill Larman (hereinafter, collectively, PFT), alleging violations of the Family and Medical Leave Act (FMLA), see 29 U.S.C. § 2612(a)(1), and th

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Sara Lapidoth v. Telcordia Technologies, Inc.

Plaintiff Sara Lapidoth appeals the October 7, 2009 order denying her summary judgment motion and granting defendant Telcordia Technologies, Inc.'s (Telcordia) summary judgment motion in her action for breach of contract and interference with rights under the Family and Medical Leave Act (FMLA), 29 U.S.C.A. §§ 2612 to 2654, and the New Jersey Family Leave Act (NJFLA), N.J.S.A. 34:11B-1 to -1

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Jason Hearst v. Progressive Foam Technologies

On May 1, 2007, Progressive Foam Technologies (PFT) fired Jason Hearst for job abandonment. Hearst—who had been on a medical leave of absence from PFT for nearly four months—filed this lawsuit against PFT and its Human Resources Director, Bill Larman (hereinafter, collectively, PFT), alleging violations of the Family and Medical Leave Act (FMLA), see 29 U.S.C. § 2612(a)(1), and th

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Maetta Vance v. Ball State University

Maetta Vance was the only African- American working in her department at Ball State University ("Ball State”) when racially charged discord erupted. In 2005, Vance began filing complaints with Ball State about her coworkers' offensive conduct, which included the use of racial epithets, references to the Ku Klux Klan, veiled threats of physical harm, and other unpleasantries. In 2006 she file

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Maetta Vance, v. Ball State University, et al.,

Maetta Vance was the only African-American working in her department at Ball State University("Ball State”) when racially charged discord erupted. In 2005, Vance began filing complaints with Ball State about her coworkers' offensive conduct, which included the use of racial epithets, references to the Ku Klux Klan, veiled threats of physical harm, and other unpleasantries. In 2006 she filed

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Debra L. Lewis v. School District #70, et al.,

Plaintiff-appellant Debra Lewisis a former employee of School District #70 in St. Clair County, Illinois (the "District”), whose employment was terminated after a period of absence under the Family and Medical Leave Act ("FMLA”). Following her termination, Lewis sued the District, school superintendent Robin Hawkins, and members of the District's school board, alleging violations of t

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Janet D. Lewis v. United States of America

Janet Lewis appeals from the district court's denial of summary judgment affirming a decision of the Merit Systems Protection Board ("MSPB”), which in turn upheld a decision by the United States Air Force (the "Agency”) to terminate her employment. We affirm.

I

Lewis was director of a child development center on the Elmendorf Air Force Base. In 2003, another candidate was

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Mark Farhner v. United Transportation Union Discipline Income Protection Program

Plaintiff-Appellant Mark Farhner ("Farhner”) appeals the district court's order granting Defendant-Appellee United Transportation Union Discipline Income Protection Program's (the "Plan” or "DIPP”) motion for summary judgment. Farhner brings this action pursuant to the Employee Retirement Income Security Act ("ERISA”), 29 U.S.C. § 1132, seeking judicial review of the Pla

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Dennis Breen v. Infiltrator Systems

Infiltrator Systems discharged Dennis Breen, who has Hepatitis C, from his position as a shipping manager. Breen sued Infiltrator, alleging that the company's actions violated a Kentucky civil rights statute. The district court concluded that Breen's claim fails as a matter of law, and so do we.

I.

Breen began working as an accountant for Infiltrator in the 1990s. In 1997, the compan

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Charity Wierman v. Casey's General Stores

Charity L. Wierman sued her former employer, Casey's Marketing Company and Casey's General Stores, Inc. ("Casey's”). She asserts pregnancy discrimination in violation of Title VII of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000e–2000e-17) and the Missouri Human Rights Act (Mo. Rev. Stat. § 213.055) ("MHRA”). She also alleges retaliation in violation of the Family and

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