Ziccarelli v. Dart

Plaintiff filed a lawsuit against his former employer alleging violations of the Family and Medical Leave Act. In a prior appeal, the appellate court affirmed summary judgment in favor of the defendant on most of the allegations contained in the complaint but reversed and remanded for a trial on plaintiff’s FMLA interference claim. A jury found in favor of the plaintiff but the district court granted the defendant’s motion for judgment as a matter of law or, in the alternative, conditionally granted a new trial and plaintiff appealed. The Seventh Circuit reversed the district court’s entry of judgment as a matter of law, finding that the grounds underlying the motion were not properly presented before the verdict; however, the Seventh Circuit affirmed the district court’s alternative decision granting a new trial. (RIPPLE and SCUDDER, concurring)