BREEDEN v. NOVARTIS PHARMACEUTICALS CORP.

Nos. 10-7073, 10-7078.

646 F.3d 43 (2011)

Mary Kate BREEDEN, Appellant v. NOVARTIS PHARMACEUTICALS CORPORATION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided July 8, 2011.


Attorney(s) appearing for the Case

Adam Augustine Carter argued the cause for the appellant/cross appellee. R. Scott Oswald was on brief.

Sally Dworak-Fisher was on brief for amici curiae Public Justice Center, National Partnership for Women & Families and Equal Rights Advocates in support of the appellant.

Daniel B. Kohrman and Melvin Radowitz were on brief for amici curiae National Employment Lawyers Association and AARP in support of the cross-appellee. Stephen Z. Chertkof entered an appearance.

Rachel Goldberg , Attorney, United States Department of Labor, argued the cause for amicus curiae Secretary of Labor in support of the appellant.

Catherine E. Stetson argued the cause for the appellee/cross appellant. Jessica L. Ellsworth was on brief. Aaron R. Gelb , David M. Hernandez and Mark L. Stolzenburg entered appearances.

Opinion for the Court filed by Circuit Judge HENDERSON.


KAREN LECRAFT HENDERSON, Circuit Judge:

Mary Breeden (Breeden) sued her former employer Novartis Pharmaceuticals Corporation (Novartis) alleging violations of the Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et seq. The district court granted summary judgment in favor of Novartis on Breeden's interference claim and entered a judgment as a matter of law on her retaliation claim. Breeden appeals both the summary judgment and the judgment as a matter...

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