United States Seventh Circuit
Darst v. Interstate Brands Corp., 04-2460
In a suit alleging that plaintiff's termination violated the Family and Medical Leave Act, summary judgment for defendants is affirmed where: 1) the defendant's violation of FMLA procedures by inquiring about date discrepancies between his medical certification and insurance form did not prejudice plaintiff since he was not entitled to FMLA leave for the dates in question; 2) defendant's failure to request a second opinion regarding the date discrepancies did not interfere with plaintiff's rights since he was not entitled to FMLA leave during those dates; and 3) plaintiff offered no evidence that he was in an alcohol treatment program during the dates in question that would have entitled him to FMLA leave.
Appellate Information
- Argued 03/28/2007
- Decided 01/11/2008
- Published 01/11/2008
Judges
- ROVNER, Circuit Judge., Before POSNER, ROVNER and SYKES, Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellant:
- Brett E. Nelson (argued), Plews, Shadley, Racher & Braun, Indianapolis, IN, for Plaintiff-Appellant.
- For Appellees:
- J. Randall Coffey (argued), Fisher & Phillips, Kansas City, MO, for Defendants-Appellees.