United States Seventh Circuit

In a suit alleging violations of the Family and Medical Leave Act (FMLA), breach of contract, and retaliation by defendant-employer, judgment that plaintiff was not entitled to damages or attorneys' fees is affirmed where: 1) while defendant had violated FMLA, plaintiff failed to prove that he would have been able to return to work or that he had attempted to mitigate his damages; and 2) FMLA's required award of attorneys' fees to prevailing plaintiffs did not apply since, despite the jury verdict for plaintiff on the liability issue, the final judgment was correctly entered for defendant.

Appellate Information

• Argued 02/21/2008
• Decided 09/10/2008
• Published 09/10/2008

Judges

• RIPPLE, Circuit Judge., Before FLAUM, RIPPLE and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• John S. Xydakis (argued), Chicago, IL, for Plaintiff-Appellant,


• For Appellees:
  
• Thomas J. Piskorski (argued), Seyfarth Shaw, Chicago, IL, for Defendant-Appellee.