DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
112093P.pdf 03/27/2013 Christine Dollar v. Smithway Motor Xpress
U.S. Court of Appeals Case No: 11-2093
U.S. District Court for the Northern District of Iowa - Ft. Dodge
[PUBLISHED] [Melloy, Author, with Beam and Gruender, Circuit Judges]
Civil case - Family and Medical Leave Act. The district court's finding
that plaintiff had transferred to another position before her termination
was supported by record and was not clearly erroneous; district court did
not err in finding defendant had waived the affirmative defense of failure
to mitigate damages; assuming the issue was not waived, the district
court's alternative finding that plaintiff's efforts to secure other
employment were reasonable was supported by the record; under the
circumstances of the case, the district court erred in awarding plaintiff
front pay as the determination was unusually and overly speculative.