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MORRISON v. AMWAY CORP.

No. 02-11690.

323 F.3d 920 (2003)

David L. MORRISON, Plaintiff-Appellant, v. AMWAY CORPORATION, n.k.a. Alticor, Inc., a Michigan Corporation, Magic Carpet Aviation, a Delaware Corporation, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 5, 2003.

Attorney(s) appearing for the Case

Daniel J. O'Malley, Orlando, FL, for Plaintiff-Appellant.

Brian Douglas DeGailler, Donald E. Christopher, Litchford & Christopher, P.A., Orlando, FL, for Defendants-Appellees.

Before TJOFLAT and BLACK, Circuit Judges, and NANGLE, District Judge.

BLACK, Circuit Judge:

Appellant David L. Morrison appeals the district court's order dismissing his action under the Family Medical Leave Act of 1993 (FMLA), 29 U.S.C. §§ 2601-2654, for lack of subject matter jurisdiction. We write to address a single issue: when reviewing a defendant's motion to dismiss an FMLA action on grounds that the plaintiff was not an "eligible employee" under the Act, should the district court review the motion using the standards...

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