United States Sixth Circuit

In a wrongful discharge suit, summary judgment against plaintiff's claim under the Family Medical Leave Act (FMLA) is reversed where there is a genuine issue of material fact as to whether plaintiff's dismissal would have occurred regardless of his taking of FMLA leave.

Appellate Information

• Decided 02/11/2005
• Published 02/11/2005

Judges

• Before:  BOGGS, Chief Judge;  CLAY, Circuit Judge;  HAYNES, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Paul E. Prather, Kiesewetter Wise Kaplan Schwimmer & Prather, Memphis, Tennessee, for Appellants. Justin S. Gilbert, the Gilbert Firm, Jackson, Tennessee, for Appellee. ON BRIEF:Paul E. Prather, Tanja L. Thompson, Kiesewetter Wise Kaplan Schwimmer & Prather, Memphis, Tennessee, for Appellants. Justin S. Gilbert, the Gilbert Firm, Jackson, Tennessee, J. Houston Gordon, Law Office of J. Houston Gordon, Covington, Tennessee, for Appellee.