Legal Opinion

Fioto v. Manhattan Woods Golf Enterprises, LLC

District Court, S.D. New York

Decided February 4, 2004No. 01 Civ. 5383(CM)PublishedCited by 8 opinions

1Opinion of the Court

DECISION AND ORDER DENYING PLAINTIFF’S MOTION FOR A NEW TRIAL AS A MATTER OF DISCRETION, BUT CONDITIONALLY GRANTING PLAINTIFF’S MOTION FOR A NEW TRIAL PENDING THE OUTCOME OF APPELLATE REVIEW

McMAHON, District Judge.

On April 4, 2003, following a three-day trial, a jury returned a verdict in favor of plaintiff on two claims against defendants. Count I alleged that defendants violated the Family and Medical Leave Act (FMLA), 29 U.S.C. § 2612(a)(1)(C), by firing plaintiff from his job as sales manager at Manhattan Woods Golf Club after he took a day off work to be present while his dying mother…

2Cases cited12 opinions

  1. Neely v. Martin K. Eby Construction Co., Inc.Supreme Court of the United States · 1967
  2. Victor Bevevino v. M. S. SaydjariCourt of Appeals for the Second Circuit · 1978
  3. United States Football League v. National Football LeagueDistrict Court, S.D. New York · 1986
  4. G. P. Tribble, Allen Harper and One 1953 White Tractor Bearing 1954 Georgia License Plate A/h4892 v. Nancy BruinCourt of Appeals for the Fourth Circuit · 1960
  5. Wickham Contracting Co., Inc. v. The Board Of Education Of The City Of New YorkCourt of Appeals for the Second Circuit · 1983

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3Cited by8 opinions

  1. Allam v. MeyersDistrict Court, S.D. New York · 2012
  2. Elsevier, Inc. v. GrossmanDistrict Court, S.D. New York · 2016
  3. Fioto v. Manhattan Woods Enterprises LLCCourt of Appeals for the Second Circuit · 2005
  4. Jennifer Guerrero v. Constellation Health Services, LLC; Constellation Home Care, LLC (NY); Nicole SturtzDistrict Court, E.D. New York · 2026
  5. Jennifer Guerrero v. Constellation Health Services, LLC; Constellation Home Care, LLC (NY); and Nicole SturtzDistrict Court, E.D. New York · 2026

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