Minard v. ITC Deltacom Communications, Inc.

DENNIS, Circuit Judge:

As the Supreme Court said in its recent pertinent decision in Arbaugh v. Y & H Corp., — U.S.-, 126 S.Ct. 1235, 163 L.Ed.2d 1097 (2006): “This case concerns the distinction between two sometimes confused or conflated concepts: federal-court ‘subject-matter’ jurisdiction over a controversy; and the essential ingredients of a federal claim for relief.” 1 Specifically, we are here called upon to decide whether the Family Medical Leave Act (“the FMLA” or “the Act”) definition of an “eligible employee” (as not including those “at a worksite” having “less than 50 employees if…