United States Second Circuit

In a suit arising out of plaintiff's termination when she was unable to work after exhausting her leave of absence under the Family Medical Leave Act (FMLA), alleging a New York State Human Rights Law (NYSHRL) claim, the District Court's judgment denying defendant's motion for judgment as a matter of law (JMOL) under Federal Rule of Civil Procedure 50, or alternatively for a new trial under Rule 59, or relief from the judgment under Rule 60(b)(6), is: 1) reversed in part where, because plaintiff did not request a reasonable accommodation prior to her termination, the District Court erred in denying defendants’ Rule 50 motion; 2) vacated as to the jury award on the NYSHRL claim; and 3) affirmed as to the dismissal of the NYCHRL claim for lack of subject matter jurisdiction and denied plainitffs' COBRA claims on the merit.

Appellate Information

• Published 2016/05/19

Judges

• RESTANI

Court

• United States Second Circuit

Counsel