United States Ninth Circuit

In an action setting forth Family Medical Leave Act and state discrimination law claims, denial of employee's motion seeking judgment as a matter of law and a new trial after a jury verdict in favor of former employer is affirmed in part as to the FMLA claim, but reversed in part where: 1) the district court abused its discretion when it declined to give an instruction stating that conduct resulting from a disability is part of the disability and not a separate basis for termination; and 2) the exclusion was not harmless error. (Amended opinion)

Appellate Information

• Argued 10/27/2006
• Decided 03/08/2007
• Published 04/24/2007

Judges

• Before ALFRED T. GOODWIN and ALEX KOZINSKI, Circuit Judges, and MILTON I. SHADUR, Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michael C. Subit and Sean M. Phelan, Frank Freed, Subit & Thomas, LLP, Seattle, WA, for the plaintiff-appellant.


• For Appellees:
  
• Patricia K. Buchanan and Pamela J. DeVet, Lee, Smart, Cook, Martin & Patterson, P.S., Seattle, WA, for the defendant-appellee.