United States Fifth Circuit
Minard v. ITC Delta Communications, Inc., 04-30230
The Family Medical Leave Act's (FMLA) definition of an "eligible employee" is not a limit on the federal courts' subject matter jurisdiction, but instead the employee-numerosity requirement is an element of an FMLA claim.
Appellate Information
- Decided 04/18/2006
- Published 04/19/2006
Judges
- DENNIS, Circuit Judge:, Before KING, Chief Judge, and JOLLY and DENNIS, Circuit Judges.
Court
- United States Fifth Circuit
Counsel
- For Appellant:
- Bryant Hollingsworth Graves (argued), Law Office of Bryant H. Graves, Baton Rouge, LA, for Minard.
- For Appellees:
- Richard J.R. Raleigh, Jr. (argued), John Anthony Wilmer, Wilmer & Lee, Huntsville, AL, Leslie Ellen Ayres, Taylor, Porter, Brooks & Phillips, Baton Rouge, LA, for Defendant-Appellee.