3rd Circ. Revives FMLA Suit Against Nationwide

Law360, New York (September 23, 2009, 7:44 PM EDT) -- A federal appeals court has revived part of a case brought by a Nationwide Insurance Co. employee who was fired after requesting leave under the Family and Medical Leave Act to take care of her daughter with Down syndrome.

The U.S. Court of Appeals for the Third Circuit on Wednesday vacated a lower court’s dismissal of Brenda Erdman’s claim alleging Nationwide violated the FMLA, but upheld another summary judgment decision that tossed her Americans with Disabilities Act claim.

The district court had found that Erdman had...
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