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· 1/11/2008

Darst Ex Rel. Bankruptcy Estate of Chalimoniuk v. Interstate Brands Corp.

Citations

  • 512 F.3d 903
  • 13 Wage & Hour Cas.2d (BNA) 265
  • 2008 U.S. App. LEXIS 489
  • 2008 WL 108764

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that on summary judgment, the Court views the record in the light most favorable to the non-moving party and draws all reasonable inferences in that party's favor
  • granting summary judgment because plaintiff offered no evidence that he was being treated, or even evaluated for treatment, on the three days immediately preceding his inpatient hospitalization for alcoholism
  • “[A]bsence because of the employee’s use of the substance, rather than for treatment, does not qualify for FMLA leave.”
  • “But even if [employer] was obliged to advise [employee] that his certification was incomplete, there was no harm caused by [employer’s] breach of this obligation unless did
  • “But even if [employer] was obliged to advise [employee] that his certification was incomplete, there was no harm caused by [employer’s] breach of this obligation unless did
  • employer legitimately terminated Darst for taking leave to which he had not been entitled under the FMLA as he was not seeking treatment for alcoholism at the time

Source: CourtListener parenthetical corpus (CC0).

Judges: Posner, Rovner, Sykes

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.