United States Sixth Circuit

The merger or transfer of assets is not always a precondition to successor liability under the Family and Medical Leave Act (FMLA). Summary judgment for defendant-employer in an action brought under the FMLA is reversed where defendant was a successor in interest to plaintiff's former employer within the meaning of the FMLA, and plaintiff was an "eligible employee" under the FMLA.

Appellate Information

• Decided 06/28/2006
• Published 06/28/2006

Judges

• Before:  MOORE, COLE, and CLAY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  David R. Marshall, Lexington, Kentucky, for Appellant.   Scott J. Beattie, Peddicord, Wharton, Spencer & Hook, Des Moines, Iowa, for Appellee.   ON BRIEF:  David R. Marshall, Lexington, Kentucky, for Appellant.  Scott J. Beattie, Peddicord, Wharton, Spencer & Hook, Des Moines, Iowa, for Appellee.