United States Fifth Circuit

An adverse jury award against a city in an action challenging plaintiff's discharge as a violation of the Family and Medical Leave Act (FMLA) is affirmed in part as to the liability determination and reversed in part and remanded as to the damage award where: 1) the jury awarded an undifferentiated sum for employee benefits without segregating insurance benefits; 2) the award was based on an incorrect understanding of FMLA remedies; and 3) an offset should be allowed for the employer's portion of plaintiff's retirement plan payout at his termination.

Appellate Information

• Decided 06/30/2006
• Published 07/05/2006

Judges

• EDITH H. JONES, Chief Judge:, Before JONES, Chief Judge, and DEMOSS and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Roger L. Hurlbut (argued), Law Offices of Robert Hurlbut, Arlington, TX, for Lubke., Bryan Patrick Neal, Thompson & Knight, Dallas, TX, Frank Waite, Asst. City Atty., Arlington, TX, for City of Arlington.