United States Third Circuit

Summary judgment was improperly granted to defendant-employer on Family and Medical Leave Act (FMLA) failure to advise claim. Arguably, the failure to advise plaintiff of his right to 12 weeks of FMLA leave, after he properly gave notice of his serious health condition, rendered him unable to exercise that right in a meaningful way, thereby causing injury.

Appellate Information

• Argued 01/26/2004
• Decided 04/13/2004
• Published 04/13/2004

Judges

• STAPLETON, Circuit Judge., Before NYGAARD, FUENTES and STAPLETON, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Gerald J. Resnick (Argued), Andrea Rachiele, Deutsch & Resnick, Hackensack, NJ, for Appellant.


• For Appellees:
  
• Patrick Westerkamp (Argued), Public Service Electric & Gas Company, Newark, NJ, for Appellee.