· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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