United States Eleventh Circuit

When reviewing a defendant's motion to dismiss a Family Medical Leave Act of 1993 (FMLA) action on grounds that the plaintiff was not an "eligible employee" under the FMLA, the district court should review the motion using the standards applicable for Rule 56 of the Federal Rules of Civil Procedure as opposed to Rule 12(b)(1).

Appellate Information

• Decided 03/05/2003
• Published 03/06/2003

Judges

• BLACK, Circuit Judge:, Before TJOFLAT and BLACK, Circuit Judges, and NANGLE, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Daniel J. O'Malley, Orlando, FL, for Plaintiff-Appellant.


• For Appellees:
  
• Brian Douglas DeGailler, Donald E. Christopher, Litchford & Christopher, P.A., Orlando, FL, for Defendants-Appellees.