Ena Wages sued her employer, Stuart Management Corporation (StuartCo),
alleging that StuartCo violated her rights under the Family and Medical Leave Act,
29 U.S.C. §§ 2601–2654. On the parties’ cross motions for summary judgment, the
district court granted summary judgment in favor of Wages on her FMLA claims. For
the reasons below, we affirm the judgment on liability but vacate an... More...   $0 (08-10-2015 - MN)

Tulsa, OK - The Tenth Circuit reverses summary judgment for defendant on Family Medical Leave Act claim

After suffering an injury, Paul Janczak took leave under the Family and Medical
Leave Act (“FMLA”). Immediately upon his return from FMLA leave, his employer,
Tulsa Winch, Inc. (“TWI”), terminated his employment. TWI claimed that it had decided
to terminate Janczak’s positio... More...   $0 (07-30-2015 - OK)

Elizabeth Burciaga sued her employer, Ravago Americas LLC (Ravago),
alleging Ravago violated her rights under the Family Medical Leave Act (FMLA), 29
U.S.C. §§ 2601-2654. The district court1 granted summary judgment in favor of
Ravago, and Burciaga appeals. We affirm.
I
Burciaga began working at one of Ravago’s unit branches in August 2007 as
a customer service representati... More...   $0 (07-12-2015 - IA)

Elizabeth Burciaga sued her employer, Ravago Americas LLC (Ravago),
alleging Ravago violated her rights under the Family Medical Leave Act (FMLA), 29
U.S.C. §§ 2601-2654. The district court granted summary judgment in favor of
Ravago, and Burciaga appeals. We affirm.
I
Burciaga began working at one of Ravago’s unit branches in August 2007 as
a customer service represent... More...   $0 (07-02-2015 - IA)

Deborah Hansler requested intermittent leave from her former employer, Lehigh Valley Health Network (“Lehigh Valleyâ€�), under the Family Medical Leave Act of 1993 (“FMLAâ€� or the “Actâ€�), 29 U.S.C. § 2601 et seq.1 Specifically, Hansler submitted a medical certification requesting leave for two days a week for approximately one month. As alleged in the complaint, the medical certification... More...   $0 (06-22-2015 - PA)

Plaintiff Jeffrey Bonkowski appeals from the order of the United States District Court for the Western District of Pennsylvania granting the summary judgment motion filed by Defendant Oberg Industries, Inc. (“Obergâ€�) with respect to his claims under the Family and Medical Leave Act (“FMLAâ€�). In this appeal, the Court must interpret a Department of Labor (“DOLâ€�) regulation—which state... More...   $0 (05-22-2015 - PA)

An employer terminated an employee who was absent on approved medical leave, but engaged in outside employment in violation of company policy. After an 11-day arbitration hearing, the arbitrator relied on the federal ―honest belief‖ defense and rejected the employee‘s claim that the employer violated the employee‘s right to reinstatement under the Moore–Brown–Roberti Family Rights Act ... More...   $0 (01-29-2015 - OK)

As a central part of its business, FedEx Ground Package
System, Inc. (“FedEx�), contracts with drivers to deliver
packages to its customers. The drivers must wear FedEx
uniforms, drive FedEx-approved vehicles, and groom
themselves according to FedEx’s appearance standards.
FedEx tells its drivers what packages to deliver, on what
days, and at what times. Although driv... More...   $0 (08-28-2014 - CA)

In this interlocutory appeal,1 appellant, KIPP, Inc. (“KIPP�), challenges the trial court’s order denying its plea to the jurisdiction2 on the claims brought against
1 See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(8) (Vernon Supp. 2013) (permitting governmental unit to appeal order denying plea to jurisdiction).
2
it by appellee, Kimberly Whitehead, for employment discriminat... More...   $0 (08-12-2014 - TX)

Plaintiff Deborah Malin appeals from the district court’s grant of summary judgment in favor of her employer on her retaliation claim under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and in favor of the employer and several managers on her retalia-tion claim under the Family and Medical Leave Act, 28 U.S.C. § 2601 et seq. We reverse and remand for trial.
2 No. 13... More...   $0 (08-07-2014 - IL)

Many Americans suffer from alcoholism. Sakera Jarvela, a commercial truck driver, is one of those individuals. Department of Transportation (DOT) regulations prohibit anyone with a “current clinical diagnosis of alcoholismâ€� from driving commercial trucks. Jarvela’s employer, Crete Carrier Corporation, contends that it maintains a company policy that prohibits it from employing anyone who has... More...   $0 (06-18-2014 - GA)

Ronald Ross appeals a grant of summary judgment by the United States District Court for the Eastern District of Pennsylvania to Continental Tire of Americas LLC (“Continentalâ€�) and Kevin Gilhuly in this Family and Medical Leave Act (“FMLAâ€�) action. 29 U.S.C. §2601 et seq. Because Ross received all to which he was entitled under the FMLA, and suffered no adverse employment consequences for... More...   $0 (06-17-2014 - PA)

Dr. Armand Santoro appeals the district court’s order granting the motion by Accenture Federal Services, LLC (Accenture) to compel arbitration. Because we agree with the district court that the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) does not invalidate the arbitration agreement between Accenture and Santoro, we affirm.

I.

Santoro began hi... More...   $0 (05-05-2014 - VA)

In this action alleging violations of the Family and Medical Leave Act of 1993 (FMLA), 29 U.S.C. §§ 2601-2654, plaintiff-appellant Scott Bellone appeals from the district court's grant of summary judgment in favor of his former employer, the Southwick-Tolland Regional School District. He argues, among other things, that the district court overlooked several genuine issues of material fact, misap... More...   $0 (05-02-2014 - MA)

When an employee takes leave under the Family and Medical Leave Act (FMLA) (29 U.S.C. § 2601 et seq.), the employee is entitled to be restored to employment upon certification from the employee’s health care provider that the employee is able to resume work. The employer is not permitted to seek a second opinion regarding the employee’s fitness for work prior to restoring the employee to empl... More...   $0 (04-15-2014 - CA)

Angela Ames appeals from the district court’s1 grant of summary judgment to Nationwide Mutual Insurance Company, Nationwide Advantage Mortgage Company, and Karla Neel (collectively, Nationwide) on her sex- and pregnancy-based employment discrimination claims brought under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., and the Iowa Civil Rights Act (ICRA), Iowa... More...   $0 (03-13-2014 - IA)

Maria Escriba worked in a Foster Poultry Farms, Inc. (Foster Farms) processing plant in Turlock, California for 18 years. She was terminated in 2007 for failing to comply with the company’s “three day no-show, no-call ruleâ€� after the end of a previously approved period of leave, which she took to care for her ailing father in Guatemala. Escriba subsequently filed suit under the Family and Me... More...   $0 (02-25-2014 - CA)

Appellant, Nora Chaib, sued her former employer, the State of Indiana, alleging employment discrimination and retaliation. In particular, Chaib, who is a

2 No. 13-1680

female United States citizen of French national origin, alleges that, while working as a corrections officer for the Indiana Department of Correction (“IDOCâ€�), she was subjected to discrimination and a hostile work... More...   $0 (02-24-2014 - IN)

Appellant Ronald Ayers filed this wrongful termination suit against his former employer—the University of Texas at San Antonio ("UTSA")—and various UTSA administrators. Following a series of pre-trial motions, the district court entered final judgment in favor of Appellees. Appellant challenges the dismissal of his First Amendment, substantive due process, and procedural due process claims. Fo... More...   $0 (02-10-2014 - TX)

Appellant, Fior A. Ramirez, appeals an order of appellee, the Reemployment Assistance Appeals Commission, denying her claim for reemployment compensation benefits. We reverse and remand, concluding that appellant is entitled to benefits. Appellant began working as a housekeeper for Remington Lodging & Hospitality, a hotel in Atlantic Beach, Florida, on October 29, 2009. As found by the appeals ref... More...   $0 (02-07-2014 - FL)

In this consolidated appeal, a company and board chair appeal attorneys’ fees and cost judgments resulting from an employment dispute. Discovery violations in the underlying litigation resulted in a default judgment on liability in favor of the employee. A subsequent motion for attorneys’ fees and costs resulted in a second and third judgment against the company and board chair. From these att... More...   $0 (01-29-2014 - FL)

Steven Smothers worked for Solvay Chemical, Inc. (“Solvay�) for 18 years until Solvay fired him, ostensibly because of a first-time safety violation and a dispute with a

-2-

coworker. Mr. Smothers contends the company’s true motivations were retaliation for taking medical leave from work, in violation of the Family Medical Leave Act (“FMLAâ€�), and discrimination on the basis... More...   $0 (01-21-2014 - WY)

Robert Deleon (“Deleonâ€�) appeals the dismissal of certain of his claims from the district court’s grant of summary judgment in Defendants’ favor. The district court granted Defendants’ motion on the basis that Deleon did not suffer an “adverse employment action.â€� Deleon was laterally transferred from one department to another, which he alleges constituted an action giving rise to sus... More...   $0 (01-14-2014 - MI)

In this disability discrimination case, Laverne Johnson appeals the district court’s grant of summary judgment in favor of Defendant-Appellee.1 We AFFIRM.

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

1 There is some dispute as to whether... More...   $0 (01-06-2014 - MS)

Jose Luis Pena appeals from a summary judgment granted in favor of his former employer, Starr County, on Pena’s claims for retaliatory discharge, discrimination, and violation of the Family Medical Leave Act. We affirm in part, and reverse and remand in part.

BACKGROUND

Pena was hired as an animal control officer by Starr County on September 20, 2000. On September 12, 2005, Pena wa... More...   $0 (12-18-2013 - TX)