§Why CasetextPricing

Flynn v. Fidelity National Title Group, Inc.

MOTION for summary judgment AND MEMORANDUM OF LAW IN SUPPORT THEREOF

41 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,174 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  2. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 113,103 times   38 Legal Analyses
    Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them

  3. McDonnell Douglas Corp. v. Green

    411 U.S. 792 (1973)   Cited 52,187 times   95 Legal Analyses
    Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision

  4. St. Mary's Honor Ctr. v. Hicks

    509 U.S. 502 (1993)   Cited 12,256 times   8 Legal Analyses
    Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination

  5. Walker v. Darby

    911 F.2d 1573 (11th Cir. 1990)   Cited 2,153 times
    Holding that circumstantial evidence may be used to prove a wiretap claim, including actual interception

  6. Gupta v. Fla. Bd. of Regents

    212 F.3d 571 (11th Cir. 2000)   Cited 814 times
    Holding in a sex discrimination case that two occasions of momentary inappropriate touching over the course of six or seven months was infrequent

  7. Hurlbert v. St. Mary's Health Care Sys. Inc.

    439 F.3d 1286 (11th Cir. 2006)   Cited 632 times   1 Legal Analyses
    Holding that plaintiff must amend the complaint before raising a claim at summary judgment

  8. Stewart v. Happy Herman's Cheshire Bridge

    117 F.3d 1278 (11th Cir. 1997)   Cited 696 times
    Holding that an employer is not liable where it takes reasonable steps to provide an accommodation and the employee is responsible for a breakdown in the process of identifying a reasonable accommodation

  9. Strickland v. Water Works and Sewer Bd.

    239 F.3d 1199 (11th Cir. 2001)   Cited 616 times   1 Legal Analyses
    Holding that an employee with diabetes had an unforeseeable need for leave when he "suffer[ed] a debilitating diabetic attack"

  10. Graham v. State Farm Mut. Ins. Co.

    193 F.3d 1274 (11th Cir. 1999)   Cited 631 times
    Holding that a voluntary resignation was not an adverse employment action

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,681 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 2615 - Prohibited acts

    29 U.S.C. § 2615   Cited 5,093 times   23 Legal Analyses
    Granting prescriptive rights

  13. Section 2612 - Leave requirement

    29 U.S.C. § 2612   Cited 4,942 times   39 Legal Analyses
    Granting qualifying employees twelve weeks of FMLA leave in a 12-month period

  14. Section 825.302 - Employee notice requirements for foreseeable FMLA leave

    29 C.F.R. § 825.302   Cited 818 times   21 Legal Analyses
    Discussing intermittent leave when foreseeable due to an enumerated scenario

  15. Section 825.115 - Continuing treatment

    29 C.F.R. § 825.115   Cited 372 times   24 Legal Analyses
    Defining "[c]hronic serious health condition" as one that requires visits at least twice per year for treatment

  16. Section 825.208 - Reserved

    29 C.F.R. § 825.208   Cited 261 times   5 Legal Analyses
    Providing that if the employer fails to give notice to the employee that paid leave will be designated as FMLA leave, the employer may not designate the leave as FMLA leave retrospectively