Legal Opinion

Penny Bachelder Mark Bachelder v. America West Airlines, Inc.

Court of Appeals for the Ninth Circuit

Decided August 8, 2001No. 99-17458PublishedCited by 306 opinions

1Opinion of the Court

BERZON, Circuit Judge:

Penny Bachelder 1 claims that her employer, America West Airlines, violated the Family and Medical Leave Act of 1993 (“FMLA” or “the Act”) when it terminated her in 1996 for poor attendance. The district court granted partial summary judgment to America West, holding that Bachelder was not entitled to the Act’s protection for her 1996 absences. Bachelder also appeals from the district court’s subsequent finding, after a bench trial, that, in deciding to fire her, America West did not impermissibly consider FMLA-protected leave that she took in 1994 and 1995. This appeal…

2Cases cited26 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. Reeves v. Sanderson Plumbing Products, Inc.Supreme Court of the United States · 2000
  4. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
  5. Trans World Airlines, Inc. v. ThurstonSupreme Court of the United States · 1985

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3Cited by306 opinions

  1. Richard Conoshenti v. Public Service Electric & Gas CompanyCourt of Appeals for the Third Circuit · 2004
  2. Rafael Chodos, an Individual v. West Publishing Company, Inc., a Minnesota Corporation Doing Business in California Dba Bancroft-Whitney CompanyCourt of Appeals for the Ninth Circuit · 2002
  3. Samuel Stallings v. Hussmann Corporation Brian GroningerCourt of Appeals for the Eighth Circuit · 2006
  4. Graziadio v. Culinary Institute of AmericaCourt of Appeals for the Second Circuit · 2016
  5. Maria Escriba v. Foster Poultry Farms, Inc.Court of Appeals for the Ninth Circuit · 2014

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