United States Sixth Circuit

In an action claiming that defendant-employer impermissibly considered plaintiff's use of Family and Medical Leave Act (FMLA) leave in deciding to place her on involuntary leave, summary judgment for defendant is reversed where there was an issue of material fact as to whether the FMLA leave was a motivating factor in defendant's decision.

Appellate Information

• Argued 06/18/2009
• Decided 08/26/2009
• Published 08/26/2009

Judges

• Before KEITH, CLAY, and GIBBONS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Karen T. Dunlevey, Bieser, Greer & Landis, Dayton, Ohio, for Appellant. Lynnette Ballato Dinkler, Dinkler Pregon, Dayton, Ohio, for Appellee. ON BRIEF:Karen T. Dunlevey, Bieser, Greer & Landis, Dayton, Ohio, for Appellant. Lynnette Ballato Dinkler, Jamey Todd Pregon, Dinkler Pregon, Dayton, Ohio, for Appellee.