United States Sixth Circuit

In an action claiming defendant fired plaintiff in retaliation for her exercise of leave guaranteed by the Family and Medical Leave Act (FMLA), judgment for plaintiff pursuant to a jury verdict is affirmed where both the FMLA and its implementing regulations prohibit employers from retaliating against employees who have exercised FMLA leave.

Appellate Information

• Decided 08/15/2008
• Published 08/15/2008

Judges

• Before MOORE, GILMAN, and SUTTON, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Keith D. Frazier, Ogletree, Deakins, Nash, Smoak & Stewart, Nashville, Tennessee, for Appellant.  Douglas B. Janney III, Nashville, Tennessee, for Appellee.   ON BRIEF:  Keith D. Frazier, Jonathan O. Harris, Ogletree, Deakins, Nash, Smoak & Stewart, Nashville, Tennessee, for Appellant.  Douglas B. Janney, III, Nashville, Tennessee, for Appellee.  Jay E. Sushelsky, AARP Foundation Litigation, Washington, D.C., for Amicus Curiae.