US Court of Appeals for the Fifth Circuit Opinions - Shoultz Law Attorneys in Houma - Thibodaux, LA - from Justia

US Court of Appeals for the Fifth Circuit Opinions
D'Onofrio v. Vacation Publications, Inc.

Docket: 16-20628
Opinion Date: April 24, 2018
Judge: Stephen Andrew Higginson
Areas of Law: Labor & Employment Law

Plaintiff filed suit alleging that her former employer, Vacation, interfered with her rights under the Family Medical Leave Act (FLMA). Vacation counter sued, alleging that plaintiff and her husband breached plaintiff's covenant not to compete, converted confidential information, and tortuously interfered with its business relationships, among other things, by conspiring to establish a competing vacation-sales franchise. After determining that the district court did not abuse its discretion by exercising supplemental jurisdiction, the court held that there were numerous disputes of material fact in this case. Therefore, the court affirmed in part and reversed in part the district court's grant of Vacation's motion for summary judgment. The court also vacated the district court's award of attorneys' fees, damages, and injunctive relief.

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