· 5/12/2006
Samuel Stallings v. Hussmann Corporation Brian Groninger
Citations
- 447 F.3d 1041
- 11 Wage & Hour Cas.2d (BNA) 777
- 2006 U.S. App. LEXIS 11757
- 2006 WL 1300593
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that judicial estoppel did not apply because the bankruptcy court dismissed the case on the trustee’s motion and therefore never discharged the debt
- concluding that the bankruptcy court did not accept plaintiff’s prior inconsistent position because plaintiff’s debts had not been discharged based on the incomplete disclosures
- holding that there was no judicial acceptance because “the bankruptcy court never discharged Stallings’s debts based on the information that Stallings provided in his schedules”
- deciding that the district court properly consolidated employee’s interference and retaliation claims as a retaliation claim
- explaining that an employee receiving a favorable review shortly before termination supports a finding of retaliation
- noting that there is no interference when the “reason for dismissal is insufficiently related to FMLA leave”
Source: CourtListener parenthetical corpus (CC0).
Judges: Smith, Heaney, Benton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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