FMLA Provides Right to Jury Trial
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Frizzell v. Southwest Motor Freight, No. 97-5846, 1998 U.S. App. LEXIS 22015 (6th Cir., Sept. 10, 1998).
The Sixth Circuit Court of Appeals held that the FMLA provides the right to a jury trial. While noting that the language of the FMLA does not expressly provide for a jury trial, the Court looked to the legislative intent behind the FMLA and found that the intent of the FMLA mirrored that of the FLSA -- which has been found by most courts to provide the right to a jury trial. Accordingly, the Sixth Circuit became the first circuit to hold that the FMLA provides the right to a jury trial.
© 1998 Paul, Hastings, Janofsky & Walker LLP
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