Legal Opinion
Kastor v. Cash Express of Tennessee, LLC
District Court, W.D. Kentucky
Decided January 8, 2015No. Civil Action No. 3:14-CV-432-JGHPublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
JOHN G. HEYBURN, Senior District Judge.
This case involves quite unusual factual circumstances which then present novel legal questions concerning the Family and Medical Leave Act. First, in light of Thompson v. North American Stainless, LP, 562 U.S. 170, 131 S.Ct. 863, 178 L.Ed.2d 694 (2011), does the FMLA allow third party retaliation suits? And if so, what is required for a plaintiff to bring such a suit? Second, does the FMLA preempt a state claim for intentional infliction of emotional distress arising from conduct made unlawful by the FMLA? The Court will…
2Cases cited26 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Burlington Northern & Santa Fe Railway Co. v. WhiteSupreme Court of the United States · 2006
- Lujan v. National Wildlife FederationSupreme Court of the United States · 1990
21 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Andrews v. Fairview Health ServicesDistrict Court, D. Minnesota · 2022
- BROWN VS. EDDIE WORLDNevada Supreme Court · 2015
- BROWN VS. EDDIE WORLDNevada Supreme Court · 2015
- Rachel Brown v. HCA Health Serv. of NHDistrict Court, D. New Hampshire · 2016