Legal Opinion

Doreen Ricco v. John E. Potter, Postmaster General

Court of Appeals for the Sixth Circuit

Decided July 27, 2004No. 03-3294PublishedCited by 65 opinions

1Opinion of the CourtMoore, J., joined by Duggan, D.J.,

MERRITT, J. (p. 606), delivered a separate concurring opinion.

OPINION

KAREN NELSON MOORE, Circuit Judge.

This appeal from the dismissal of a claim under the Family and Medical Leave Act of 1993 (“FMLA”) raises an important issue of statutory construction. Specifically, this appeal requires us to interpret the phrase “hours of service” as it is used in the FMLA. We hold that make-whole relief awarded to an unlawfully terminated employee may include credit towards the hours-of-service requirement contained in the FMLA’s definition of “eligible employee.”

Plaintiff-Appellant, Doreen Ricco…

2Cases cited8 opinions

  1. Trans World Airlines, Inc. v. ThurstonSupreme Court of the United States · 1985
  2. In Re Delorean Motor Company, Debtor. David W. Allard, Jr. v. Howard L. Weitzman, an IndividualCourt of Appeals for the Sixth Circuit · 1993
  3. Lloyd Marks v. Newcourt Credit Group, Inc.Court of Appeals for the Sixth Circuit · 2003
  4. Cindy L. Cameron and Lawrence M. Cameron v. James McCauley Seitz, Monroe County Probate CourtCourt of Appeals for the Sixth Circuit · 1994
  5. Plumley v. Southern Container, Inc.Court of Appeals for the First Circuit · 2002

3 more not listed; retrieve them via the Exa API.

3Cited by65 opinions

  1. Directv, Inc. And Echostar Satellite L.L.C. v. Mark Treesh, Commissioner for the Department of Revenue for the State of KentuckyCourt of Appeals for the Sixth Circuit · 2007
  2. Whiteside v. Hover-Davis-Inc.Court of Appeals for the Second Circuit · 2021
  3. Pagán-Colón v. Walgreens of San Patricio, Inc.Court of Appeals for the First Circuit · 2012
  4. Passa v. City of ColumbusCourt of Appeals for the Sixth Circuit · 2005
  5. Nance v. Goodyear Tire & Rubber Co.Court of Appeals for the Sixth Circuit · 2008

60 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API