Legal Opinion

Harbert v. Healthcare Services Group, Inc.

Court of Appeals for the Tenth Circuit

Decided December 13, 2004No. 03-1156PublishedCited by 42 opinions

1Opinion of the Court

EBEL, Circuit Judge.

Nancy Harbert (“Plaintiff’) brought this action against her . former employer, Healthcare Services Group, Inc. (“Defendant”), alleging that Defendant wrongfully denied her request for medical leave under the Family and Medical Leave Act (“FMLA”). Defendant had denied her request based on a provision of the FMLA which excludes from FMLA eligibility any employee who is employed at a particular “worksite” if the employer employs less than 50 employees within 75 miles of that worksite.

Applying a Department of Labor (“DOL”) regulation, the district court defined Plaintiffs…

2Cases cited16 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Perrin v. United StatesSupreme Court of the United States · 1979
  3. Ragsdale v. Wolverine World Wide, Inc.Supreme Court of the United States · 2002
  4. General Dynamics Land Systems, Inc. v. ClineSupreme Court of the United States · 2004
  5. Firstier Mortgage Co. v. Investors Mortgage InsuranceSupreme Court of the United States · 1991

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

3Cited by42 opinions

  1. Grace v. USCARCourt of Appeals for the Sixth Circuit · 2008
  2. Ronald Cobb v. Contract Transport, Inc.Court of Appeals for the Sixth Circuit · 2006
  3. Aposhian v. BarrCourt of Appeals for the Tenth Circuit · 2020
  4. Exby-Stolley v. Board of County CommissionersCourt of Appeals for the Tenth Circuit · 2020
  5. Cook v. Rockwell International Corp.Court of Appeals for the Tenth Circuit · 2010

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

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