· 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 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.