Fifth Circuit· 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

Cited by

36 cases in this archive cite this case; the 20 most cited are listed.

Cites

19 cases in this archive are cited by this case.

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