United States Fifth Circuit

Summary judgment for defendant, county transit authority, on an employee's claims brought under the Family and Medical Leave Act (FMLA) is affirmed over claims that: 1) plaintiff presented sufficient evidence that he suffers from a serious health condition, and thus, should have been granted temporary leave under the FMLA to take necessary bathroom breaks; and 2) plaintiff's termination was in retaliation to his exercise of his FMLA rights.

Appellate Information

• Decided 04/14/2006
• Published 04/14/2006

Judges

• CARL E. STEWART, Circuit Judge:, Before HIGGINBOTHAM, DAVIS and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Sufi Nasim Ahmad (argued), Joseph Y. Ahmad, Ahmad, Zavitsanos & Anaipakos, Houston, TX, for Plaintiff-Appellant.


• For Appellees:
  
• Jeffrey C. Londa, Michael D. Mitchell, Stephen Eric Hart (argued), Ogletree, Deakins, Nash, Smoak & Stewart, Houston, TX, for Defendant-Appellee.