Kimberly MILLER, Plaintiff-Appellee,
v.
AT & T CORPORATION, a foreign corporation, Defendant-Appellant.
Equal Employment Advisory Council; Chamber of Commerce, of the United States of America; Secretary of Labor; Communications Workers of America, AFL-CIO, Amici Curiae.
Kimberly Miller, Plaintiff-Appellee,
v.
AT & T Corporation, a foreign corporation, Defendant-Appellant.
Equal Employment Advisory Council; Chamber of Commerce, of the United States of America; Secretary of Labor; Communications Workers of America, AFL-CIO, Amici Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: January 24, 2001.
Decided: May 7, 2001.
Attorney(s) appearing for the Case
ARGUED: Catherine Michele Kirk, AT & T Corporation, Morristown, NJ, for Appellant. Barbara Eby Racine, United States Department of Labor, Washington, DC, for Amicus Curiae Secretary. Lonnie Carl Simmons, Law Office of P. Rodney Jackson, Charleston, WV, for Appellee.
ON BRIEF: Laura A. Kaster, AT & T Corporation, Basking Ridge, NJ; William E. Robinson, Michael A. Kawash, Robinson & McElwee, Charleston, WV, for Appellant. Henry L. Solano, Solicitor of Labor, Steven J. Mandel, Associate Solicitor, William J. Stone, Senior Trial Attorney, United States Department of Labor, Washington, DC, for Amicus Curiae Secretary. Ann Elizabeth Reesman, Corrie L. Fischel, McGuiness, Norris & Williams, L.L.P., Washington, DC, for Amicus Curiae Advisory Council; Stephen A. Bokat, Robin S. Conrad, Sussan Mahallati Kysela, National Chamber Litigation Center, Inc., Washington, DC, for Amicus Curiae Chamber of Commerce. Mary K. O'Melveny, Washington, DC; Ray A. Byrd, Shrader, Byrd & Companion, P.L.L.C., Wheeling, WV, for Amicus Curiae Communications Workers.
Before WILKINS and MICHAEL, Circuit Judges, and HILTON, Chief United States District Judge for the Eastern District of Virginia, sitting by designation.
United States Court of Appeals, Fourth Circuit.
OPINION
WILKINS, Circuit Judge:
AT & T Corporation (AT & T) appeals orders of the district court finding it liable for violating Kimberly Miller's rights under the Family and Medical Leave Act (FMLA) of 1993, 29 U.S.C.A. §§ 2601-2654 (West 1999), and awarding back pay and attorneys' fees. With respect to liability, AT & T contends that it did not violate the FMLA because the illness for which Miller sought FMLA leave — an episode...
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