No. 22-469

Cooperative Educational Service Agency #5 v. Sarah Simon

Lower Court: Seventh Circuit
Docketed: 2022-11-18
Status: Denied
Type: Paid
Tags: civil-procedure civil-rights due-process employee-rights equitable-relief federal-family-medical-leave-act fmla-violation monetary-damages prejudice-standard ragsdale-v-wolverine-world-wide seventh-circuit-interpretation standing
Key Terms:
Arbitration ERISA
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Does an employee's subjective loss of status that cannot be remedied by monetary damages or appropriate equitable relief constitute prejudice that would make an FMLA violation actionable and not a technical violation?

Question Presented (OCR Extract)

QUESTION PRESENTED This Court’s decision in Ragsdale v. Wolverine World Wide, Inc., 535 U.S. 81, 122 8. Ct. 1155, 152 L. Ed. 2d 167 (2002), requires that a Federal Family Medical Leave Act, 29 U.S.C. § 2601, et. seg. (“FMLA”) claimant must show that she was prejudiced by the FMLA violation, and that without “prejudice”, a violation is a “technical violation” that is not actionable. Ragsdale established that there are two ways to show “prejudice”: proving the existence of harm that can be remedied by an award of monetary damages or that an award of equitable relief can remediate the harm. In this case, however, the Seventh Circuit created a third pathway to establish prejudice, a standard not found in Ragsdale, that a plaintiff can show prejudice under the FMLA if a district court “declares” that the FMLA was violated, and the violation results in a subjective loss of status that cannot be remedied by monetary damages or appropriate equitable relief. The Question Presented is: 1. Does an employee’s subjective loss of status that cannot be remedied by monetary damages or appropriate equitable relief constitute prejudice that would make an FMLA violation actionable and not a technical violation?

Docket Entries

2023-02-21
Petition DENIED.
2023-01-11
DISTRIBUTED for Conference of 2/17/2023.
2022-12-28
2022-12-06
Motion to extend the time to file a response is granted and the time is extended to and including January 18, 2023.
2022-11-28
Motion to extend the time to file a response from December 19, 2022 to January 18, 2023, submitted to The Clerk.
2022-11-11
Petition for a writ of certiorari filed. (Response due December 19, 2022)

Attorneys

Cooperative Educational Service Agency #5
Ronald S. StadlerKopka Pinkus Dolin PC, Petitioner
Ronald S. StadlerKopka Pinkus Dolin PC, Petitioner
Sarah Simon
Aaron Nicholas HalsteadHawks Quindel, S.C., Respondent
Aaron Nicholas HalsteadHawks Quindel, S.C., Respondent