Court Dashes Kmart Bid To Drop FMLA Suit

Law360, New York (January 8, 2009, 12:00 AM EST) -- A federal judge has ruled that a Kmart Corp. ex-employee's suit accusing the company of violating the Family and Medical Leave Act when it fired him after he missed work to take his son to the emergency room can proceed, saying the plaintiff sufficiently demonstrated that his son's injury qualified as a "serious health condition" under the FMLA.

Judge Stephen J. Murphy III of the U.S. District Court for the Eastern District of Michigan on Wednesday refused a bid by Kmart and its parent, Sears Holding...
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