FRY v. RAND CONST. CORP.

No. 18-2083.

964 F.3d 239 (2020)

Arlene FRY, Plaintiff-Appellant, v. RAND CONSTRUCTION CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 1, 2020.


Attorney(s) appearing for the Case

ARGUED: Adam Augustine Carter , EMPLOYMENT LAW GROUP, Washington, D.C., for Appellant. James Edward Tysse , AKIN GUMP STRAUSS HAUER & FELD LLP, Washington, D.C., for Appellee. ON BRIEF: Jeanne Louise Heiser , R. Scott Oswald , Nicholas Woodfield , EMPLOYMENT LAW GROUP, Washington, D.C., for Appellant. Anthony T. Pierce , Nathan J. Oleson , Lide E. Paterno , Erica E. Holland , AKIN GUMP STRAUSS HAUER & FELD LLP, Washington, D.C., for Appellee.

Affirmed by published opinion. Judge Richardson wrote the opinion, in which Judge Niemeyer joined. Judge Motz wrote a dissenting opinion.


Arlene Fry alleges her former employer, Rand Construction Corporation, unlawfully fired her for taking leave under the Family Medical Leave Act ("FMLA"). A jury agreed and returned a verdict in Fry's favor. Yet the district court entered judgment for Rand. Fry, according to the district court, failed to present sufficient...

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