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ROBERTS v. GESTAMP WEST VIRGINIA, LLC

No. 20-2202.

45 F.4th 726 (2022)

Kasey A. ROBERTS, Plaintiff-Appellant, v. GESTAMP WEST VIRGINIA, LLC, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: August 15, 2022.

Attorney(s) appearing for the Case

ARGUED: Richard William Walters , SHAFFER & SHAFFER, PLLC, Charleston, West Virginia, for Appellant. Eddie Travis Ramey , BURR & FORMAN LLP, Birmingham, Alabama, for Appellee. ON BRIEF: Carl W. Shaffer , SHAFFER & SHAFFER, PLLC, Charleston, West Virginia, for Appellant. Wm. Grayson Lambert , BURR & FORMAN LLP, Columbia, South Carolina, for Appellee.

Affirmed in part, vacated in part, and remanded by published opinion. Judge Diaz wrote the opinion, in which Judge Rushing and Judge Heytens joined.

Kasey Roberts appeals the district court's grant of summary judgment to his former employer, Gestamp West Virginia, LLC, on his Family & Medical Leave Act ("FMLA") and common law retaliatory-discharge claims. Gestamp fired Roberts after he missed work due to a recurring infection from an emergency appendectomy. The district...

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