United States Eighth Circuit

Summary judgment for defendant-employer on a retaliatory discharge claim and claimed violation of the Family and Medical Leave Act (FMLA) is affirmed where plaintiff failed to prove that defendant discharged her in retaliation for filing a worker's compensation claim, and plaintiff could not perform the essential functions of her job after her FMLA leave.

Appellate Information

• Decided 03/16/2006
• Published 03/16/2006

Judges

• BENTON, Circuit Judge., Before MELLOY, COLLOTON, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Counsel who presented argument on behalf of the appellant was Ms. Ferne P. Wolf, St. Louis, Missouri.   Also appearing on the brief was D. Eric Sowers, St. Louis, Missouri.


• For Appellees:
  
• Counsel who presented argument on behalf of the appellee was Mr. Eric M. Trelz, St. Louis, Missouri.   Also appearing on the brief was Bryan D. LeMoine, St. Louis, Missouri.