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Tuesday, January 14, 2014

Ind. Decisions - 7th Circuit decides one Indiana case today, a reversal in part

In KIMBERLY SPURLING v. C&M FINE PACK, INC.(ND Ind., Simon), a 14-page opinion, Judge Kanne writes:

This appeal follows the district court’s entry of summary judgment in favor of C&M Fine Pack, Inc., (“C&M”) regarding its termination of Kimberly Spurling. Spurling alleged that C&M discriminated against her in violation of the Americans with Disabilities Act, as amended (“ADA”), as well as the Family and Medical Leave Act of 1993 (“FMLA”). For the reasons set forth below, we affirm in part, reverse in part, and remand for further proceedings. * * *

Spurling established disputed issues of material facts as to whether C&M failed to properly engage in the interactive process as required by the ADA, but did not provide sufficient notice to establish a claim under the FMLA. Accordingly, we AFFIRM the entry of summary judgment for C&M on the FMLA claim, REVERSE the entry of summary judgment in favor of C&M on Spurling’s ADA claim and REMAND for further proceedings consistent with this opinion.

Posted by Marcia Oddi on January 14, 2014 12:30 PM
Posted to Ind. (7th Cir.) Decisions