NAGLE v. ACTON-BOXBOROUGH REGIONAL SCHOOL DIST.

No. 08-2374.

576 F.3d 1 (2009)

Kathleen NAGLE, Plaintiff, Appellant, v. ACTON-BOXBOROUGH REGIONAL SCHOOL DISTRICT, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 30, 2009.


Attorney(s) appearing for the Case

Jason R. Powalisz with whom Mark A. Hickernell, Alan J. McDonald and McDonald, Lamond & Canzoneri were on brief for appellant.

Deidre Brennan Regan with whom Deborah I. Ecker and Brody, Hardoon, Perkins & Kesten were on brief for appellee.

Before BOUDIN, HANSEN, and LIPEZ, Circuit Judges.


BOUDIN, Circuit Judge.

This case presents the question whether equitable estoppel may be applied against a government employer based upon the employer's oral assurances to the employee of coverage under the Family Medical Leave Act ("FMLA"), 29 U.S.C. § 2601 et seq. (2006). The employer denies both the alleged assurances and the claim that the employee was terminated for taking leave; but because the employee's case was dismissed

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