Legal Opinion

Arthur Leroy Smith v. BellSouth Telecommunications

Court of Appeals for the Eleventh Circuit

Decided November 27, 2001No. 00-15708PublishedCited by 46 opinions

1Opinion of the Court

WILSON, Circuit Judge:

This appeal presents an issue of first impression in this Circuit: whether a former employee who alleges that his employer retaliated against him in its decision not to rehire him should be considered an “employee” under the enforcement provision of the Family and Medical Leave Act of 1993 (FMLA) that provides for a private right of action “against any employer ... by any one or more employees.” 29 U.S.C. § 2617(a)(2). The district court held that Arthur Leroy Smith, a former BellSouth employee who applied for reemployment, lacked standing to bring suit because the FMLA…

2Cases cited22 opinions

  1. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  2. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  3. Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
  4. Lorillard v. PonsSupreme Court of the United States · 1978
  5. Nationwide Mutual Insurance v. DardenSupreme Court of the United States · 1992

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

3Cited by46 opinions

  1. Hurlbert Ex Rel. Estate of Hurlbert v. St. Mary's Health Care System, Inc.Court of Appeals for the Eleventh Circuit · 2006
  2. Walls v. Central Contra Costa Transit AuthorityCourt of Appeals for the Ninth Circuit · 2011
  3. American Bankers Insurance Group v. United StatesCourt of Appeals for the Eleventh Circuit · 2005
  4. Frances J. Lewis v. Jo Anne B. BarnhartCourt of Appeals for the Eleventh Circuit · 2002
  5. Sandra Humenny v. Genex Corporation, Inc. Carol ValenticCourt of Appeals for the Sixth Circuit · 2004

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

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