United States Third Circuit

Dismissal of claims brought under the self-care provision of the Family and Medical Leave Act (FMLA) by custodians and mechanics fired by defendant, board of education, for excessive absenteeism is reversed where dismissal on Eleventh Amendment immunity grounds was error since defendant failed to established it was an arm of the state.

Appellate Information

• Argued 11/16/2005
• Decided 04/18/2006
• Published 04/18/2006

Judges

• Before BARRY and AMBRO, Circuit Judges, and POLLAK, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Rosemarie Cipparulo, (Argued), Weissman & Mintz LLC, Somerset, NJ, for Appellants.


• For Appellees:
  
• Louis Lessig, (Argued), William M. Tambussi, Brown & Connery, LLP, Westmont, NJ, for Appellee.