Another great win for our clients and the firm!

Another great win for our clients and the firm!  

Attorney David Terry’s recent success is a powerful reminder that strategic advocacy can make all the difference. Our firm secured a favorable ruling in an FLMA retaliation case, with the Court ultimately granting judgment in favor of our client.

After the case was reassigned to a new judge, Terry strategically asked the Court to revisit a previously denied Motion for Summary Judgment. The Court granted the Motion upon reconsideration, recognizing its authority to revisit a nonfinal ruling before the entry of final judgment. The Court determined that Plaintiff could not establish eligibility for FMLA protection because Plaintiff failed to establish that at least fifty (50) employees worked within seventy-five (75) miles of the subject worksite, an essential element to fall within FLMA protection.  This ruling reinforces the distinction between employer coverage and individual employee eligibility under the FLMA, confirming that a request for medical leave alone cannot establish a retaliation claim when the employee is not entitled to the Act’s protections. This result highlights the value of thoughtful strategy and effective advocacy!

#LegalSuccess #CivilLiability #LitigationStrategy #EmployerDefense

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