United States Sixth Circuit

Dismissal of plaintiff's Family Medical Leave Act (FMLA) and federal and state gender discrimination claims against defendants is affirmed in part and reversed in part where: 1) defendants were joint employers for purposes of the FMLA and plaintiff was eligible for unpaid leave; 2) plaintiff raised a genuine issue of material fact as to whether defendants violated her rights under the FMLA; 3) defendants were entitled to summary judgment on the merits of the Title VII gender discrimination claims; and 4) contrary to plaintiff's contention, her state-law gender discrimination claim was not dismissed with prejudice.

Appellate Information

• Decided 03/26/2008
• Published 03/26/2008

Judges

• Before:  MERRITT, GILMAN, and COOK, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Darcie R. Brault, Dib, Fagan and Brault, P.C., Royal Oak, Michigan, for Appellant.  Thomas G. Kienbaum, Kienbaum, Opperwall, Hardy & Pelton, Birmingham, Michigan, Melanie T. LaFave, Jaffe, Raitt, Heuer & Weiss, P.C., Southfield, Michigan, for Appellees.   ON BRIEF:  Darcie R. Brault, Dib, Fagan and Brault, P.C., Royal Oak, Michigan, for Appellant.   Jay C. Boger, Kienbaum, Opperwall, Hardy & Pelton, Birmingham, Michigan, Melanie T. LaFave, Jaffe, Raitt, Heuer & Weiss, P.C., Southfield, Michigan, for Appellees.  Gary A. Reeve, Kennedy, Reeve & Knoll, Columbus, Ohio, for Amicus Curiae.