United States Eighth Circuit

In a suit alleging that defendant's termination of plaintiff's employment violated the Family and Medical Leave Act, summary judgment for defendant is affirmed where: 1) plaintiff failed to offer evidence that would create a genuine issue of material fact concerning whether defendant was estopped from contesting plaintiff's right to assert a claim under the FMLA; 2) the district court correctly ruled that plaintiff's claim was barred by the statute of limitations; and 3) plaintiff never submitted a completed certification form stating that he could not work because of a disability, thus defendant was not obligated to treat his absence as vacation days.

Appellate Information

• Decided 02/12/2009
• Published 02/12/2009

Judges

• SHEPHERD, Circuit Judge., Before BYE, BEAM, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Kathryn Elizabeth Denner, argued, St. Louis, MO, for Appellant.


• For Appellees:
  
• Joan Zimmerman Cohen, argued, Daniel K. O'Toole, Jennifer L. Arendes, on the brief, St. Louis, MO, for Appellees.