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  McArdle v. Dell Products LP, Civil Action No. 07-51159, 2008 WL 4298840 (5th Cir. (Tex.)) Phelps Dunbar LLP - October 28, 2008 In a recent federal appellate court decision issued late last month, the Court was faced with an appeal challenging the granting of a summary judgment in favor of an employer for alleged violations of the Family and Medical Leave Act ("FMLA"). In McArdle v. Dell Products LP, Civil Action No. 07-51159, 2008 WL 4298840 (5th Cir. (Tex.)) plaintiff, Brian McArdle, alleged that his former employer, Dell, had violated both the entitlement and anti-retaliation provisions of the FMLA when following the end of his medical leave, an important sales account was not returned to his portfolio and he was subsequently terminated. The district court had granted Dell's motion for summary judgment on all claims under the FMLA. On appeal, the Fifth Circuit reversed in part and affirmed in part. While the Fifth Circuit determined that Dell did not violate the FMLA in terminating McArdle for his performance, the Court concluded it was a fact issue for a jury as to whether Dell had violated FMLA by failing to return an important sales account to McArdle when he returned after leave. A brief review of the facts and analysis set forth in the Fifth Circuit's opinion is instructive.
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