6th Circ. Revives Retaliation Suit Against Kmart

Law360, New York (February 2, 2010, 1:31 PM EST) -- A federal appeals court has found that a lower court was wrong to throw out a suit by a Kmart Corp. employee who alleges she was fired in retaliation for taking time off under the Family and Medical Leave Act.

In an opinion issued Monday in the U.S. Court of Appeals for the Sixth Circuit, a three-judge panel found that a district court incorrectly determined that the plaintiff did not provide evidence from which a jury could conclude she was terminated by Kmart because she took...
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