United States Eleventh Circuit

In an action claiming that plaintiff's termination was an act of retaliation and interference with her rights under the Family Medical Leave Act (FMLA) and ERISA, summary judgment for defendant is affirmed where: 1) no evidence in the record rebutted the affirmative evidence offered by defendant that plaintiff's supervisors were unaware of her FMLA request at the time the decision was made to terminate plaintiff's employment; and 2) there was no evidence in the record to support a finding that plaintiff's supervisors knew of any application for short-term benefits by plaintiff at the time the decision was made to terminate plaintiff's employment.

Appellate Information

• Decided 04/05/2010
• Published 04/05/2010

Judges

• ALBRITTON, District Judge:, Before DUBINA, Chief Judge, KRAVITCH, Circuit Judge, and ALBRITTON, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Robert F. McKee, Melissa Christine Mihok, Kelly & McKee, P.A., Tampa, FL, for Plaintiff-Appellant.


• For Appellees:
  
• Jonathan W. Oliff, Dabney Dale Ware, Foley & Lardner, L.L.P., Jacksonville, FL, for Defendant-Appellee.