· 8/5/2014
Lisa Lupyan v. Corinthian Colleges Inc
Citations
- 761 F.3d 314
- 23 Wage & Hour Cas.2d (BNA) 174
- 2014 WL 3824309
- 2014 U.S. App. LEXIS 15019
- 98 Empl. Prac. Dec. (CCH) 45,130
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “evidence sufficient to nullify the presumption of receipt under the “mailbox rule” may consist solely of the addressee’s positive denial of receipt, creating an issue of fact for the jury”
- noting that “a single, non-conclusory affidavit or witness’s testimony, when based on personal knowledge and directed at a material issue, is sufficient to defeat summary judgment”
- noting that “a single, non-conclusory affidavit or witness’s testimony, when based on personal knowledge and directed at a material issue, is sufficient to defeat summary judgment”
- noting that a weak presumption of receipt “arises where delivery is sent via regular mail, for which no receipt, or other proof of delivery, is generated”
- denying summary judgment due to dispute over whether plaintiff would have structured her leave differently if she had been properly informed of her FMLA rights
- discussing at length the Mailbox Rule in the context of an FMLA interference claim for lack of adequate notice
Source: CourtListener parenthetical corpus (CC0).
Judges: McKee, Fuentes, Schiller
Read full opinion on CourtListenerSourced 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.