051882P.pdf   05/12/2006  Samuel Stallings  v.  Hussmann Corp.
   U.S. Court of Appeals Case No:  05-1882
   Eastern District of Missouri   
   [PUBLISHED] [Smith, Author, with Heaney and Benton, Circuit Judges]
   Civil case - Family Medical Leave Act. District court's decision to
   dismiss an action based on the doctrine of judicial estoppel is reviewed
   under an abuse of discretion standard; applying the judicial estoppel 
   factors set out in New Hampshire v. Maine, 532 U.S. 742 (2001), the
   district court abused its discretion in dismissing plaintiff's claims on the
   ground that he had failed to reveal their existence during his Chapter 13
   bankruptcy proceedings; district court did not err in determining
   plaintiff's FMLA claim was for retaliation and not for interference;
   district court erred in granting defendant summary judgment on plaintiff's
   FMLA retaliation claim as there was a genuine issue of material fact as to
   whether defendant could reasonably believe plaintiff was lying about the
   reasons for his FMLA leave.