Recently in Family Law Category

District court's dismissal on summary judgment of plaintiff's claims of employment retaliation and violations of the Family and Medical Leave Act (FMLA) is affirmed where: 1) plaintiff failed to show he provided adequate notice to his employer that he had a serious health condition rendering him unable to work; 2) plaintiff's claim that defendant interfered with his FMLA rights by demoting him for unexcused absences must fail; 3) plaintiff's retaliation claim fails for the same reasons as his interference claim.          

Read Scobey v. Nucor Steel-Arkansas, No. 08-1192

Appellate Information

Submitted: December 11, 2008

Filed: August 25, 2009

Judges

Opinion by Shepherd, Circuit Judge

District court's grant of summary judgment for plaintiff is reversed where the court erred in holding the mortgage was invalid under state law because both spouses did not sign it, as: 1) plaintiffs are estopped from claiming invalid mortgage since the nonsigning spouse knew of and intended to mortgage the homestead; 2) she retained benefits; and 3) the bank significantly changed its position in reliance on validity of mortgage. 

Read Karnitz v. Well Fargo Bank, N.A., No. 08-2100

Appellate Information
Appeal from the United States District Court for the District of Minnesota.
Submitted: February 12, 2009
Filed: July 17, 2009

Judges
Before WOLLMAN, HANSEN, and BYE, Circuit Judges.
Opinion by HANSEN, Circuit Judge.
Dissenting Opinion by Bye, Circuit Judge.