3rd Circ. Allows Lay Testimony In FMLA Suits

By Nick Brown

Law360, New York (March 12, 2010, 2:52 PM ET) -- The U.S. Court of Appeals for the Third Circuit has revived a Pennsylvania woman's suit accusing her employer of violating the Family and Medical Leave Act by firing her based on a medical condition, dictating for the first time the weight given to lay testimony in Third Circuit FMLA cases.

Lay testimony, when combined with medical evidence, can be used to establish the presence of an ongoing medical condition as defined under the FMLA, according to the court's precedential opinion Thursday vacating a district court's summary...
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