Legal Opinion

Traxler v. Multnomah County

Court of Appeals for the Ninth Circuit

Decided February 26, 2010No. 08-35641PublishedCited by 88 opinions

1Opinion of the Court

McKEOWN, Circuit Judge:

This case presents two issues concerning damages under the Family Medical Leave Act of 1993 (“FMLA”). 29 U.S.C. §§ 2601-2654 (2006). In an issue of first impression, we consider whether the court, rather than the jury, determines the amount of the front pay award 1 and whether the district court’s calculation of that award was clearly erroneous. Second, we address whether the district court erred in denying liquidated damages without making specific findings as to the employer’s good faith conduct and reasonable belief that it was not violating the statute. We conclude…

2Cases cited27 opinions

  1. Curtis v. LoetherSupreme Court of the United States · 1974
  2. Tull v. United StatesSupreme Court of the United States · 1987
  3. Chauffeurs, Teamsters & Helpers Local No. 391 v. TerrySupreme Court of the United States · 1990
  4. United States v. TaylorSupreme Court of the United States · 1988
  5. Daniel R. Arban, Plaintiff-Appellee/cross-Appellant v. West Publishing Corp., Defendant-Appellant/cross-AppelleeCourt of Appeals for the Sixth Circuit · 2003

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3Cited by88 opinions

  1. Williams v. GayeCourt of Appeals for the Ninth Circuit · 2018
  2. Scott Teutscher v. Riverside Sheriffs AssnCourt of Appeals for the Ninth Circuit · 2016
  3. Equal Employment Opportunity Commission v. Timeless Investments, Inc.District Court, E.D. California · 2010
  4. Breeden v. Novartis Pharmaceuticals Corp.Court of Appeals for the D.C. Circuit · 2011
  5. Ameripride Services Inc. v. Texas Eastern Overseas Inc.Court of Appeals for the Ninth Circuit · 2015

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