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· 4/18/2006

Minard v. ITC Deltacom Communications, Inc.

Citations

  • 447 F.3d 352
  • 11 Wage & Hour Cas.2d (BNA) 609
  • 2006 U.S. App. LEXIS 9721
  • 87 Empl. Prac. Dec. (CCH) 42,343
  • 2006 WL 1000572

How courts have described this case

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

  • holding that requirement that plaintiff had been “eligible employee” “is a substantive ingredient of a plaintiff's claim for relief, not a jurisdictional limitation”
  • holding that a fact issue existed as to whether the plaintiff was harmed by undergoing a (potentially elective) surgery after she was informed she had FMLA leave
  • concluding post- Arbaugh that the FMLA’s definition of eligible employee “is a substantive ingredient of a plaintiffs claim for relief, not a jurisdictional limitation”
  • holding that FMLA definitions section is nonjurisdictional
  • finding a factual issue material to determining whether the plaintiff detrimentally relied on the defendant’s representation when the defendant terminated the plaintiff on the day she returned from leave
  • reversing district court dismissal for lack of subject-matter jurisdiction when basis for dismissal related to element of plaintiffs statutory claim, “not a limit upon the federal- court’s subject-matter jurisdiction”

Source: CourtListener parenthetical corpus (CC0).

Judges: King, Jolly, Dennis

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.