United States Seventh Circuit

In an action involving the termination of health insurance benefits brought under the Family Medical Leave Act, district court judgment denying defendant's motion for judgment notwithstanding the verdict is affirmed where: 1) it was not unreasonable for the jury to infer retaliation and conclude that the real reason for denying plaintiff benefits was because she elected to take FMLA leave; and 2) a reasonable jury could have found that reasonable jury could have concluded that plaintiff was a full-time employee until she took FMLA leave and that defendant interfered with her right to continued health insurance coverage.

Appellate Information

• Argued 04/17/2009
• Decided 05/11/2009
• Published 05/11/2009

Judges

• EVANS, Circuit Judge., Before FLAUM, EVANS, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• David L. Lee (argued), Chicago, IL, for Plaintiff-Appellee., Carey M. Stein (argued), Ashman & Stein, Chicago, IL, for Defendant-Appellant.