Jamie Smith v. AS America, Inc.
829 F.3d 616
8th Cir.
2016

Background

  • Thomas Smith worked overnight at AS America, Inc. (ASB) loading/unloading heavy porcelain; ASB had a no-fault attendance policy that terminated employees after 8 absences in 12 months.
  • Smith sought intermittent FMLA leave in January 2011 for sinusitis and lower back pain and submitted certification forms from an urgent-care nurse practitioner; ASB initially recorded January absences as FMLA.
  • After a snow-plowing injury in February 2011, Smith missed shifts and submitted another clinic note; ASB assessed attendance points, gave a document purporting to deny January FMLA, and terminated Smith for reaching 8 absences.
  • Smith filed a new FMLA application post-termination; ASB neither granted leave nor reinstated him, and Smith sued for FMLA interference. Smith died in 2014; his wife Jamie substituted as plaintiff.
  • The district court found Smith’s February absences qualified as FMLA-protected (chronic condition), awarded lost wages through July 20, 2011, liquidated damages, and attorney’s fees; ASB appealed and Jamie cross-appealed the damages limitation under after-acquired evidence.
  • The Eighth Circuit affirmed liability, liquidated damages, and fees, but found the district court clearly erred in the factual finding underlying application of the after-acquired evidence doctrine (release-from-jail date) and remanded that issue.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Smith had a "serious health condition" under the FMLA Smith argued his back condition met the regulatory tests for a chronic condition (two clinic visits, recurring episodes) ASB argued two visits are insufficient to show a chronic condition Court: Affirmed district court — factual findings not clearly erroneous; condition met chronic-condition criteria
Whether liquidated damages were proper Smith: liquidated damages mandatory absent employer meeting good-faith exception ASB: no willful violation; acted in good faith and reasonably Court: Affirmed award; employer failed to show good-faith/objectively reasonable belief, district court within discretion to double damages
Whether attorney’s fees award was permissible/limited Smith sought full fees as prevailing plaintiff; post-death fees included ASB: discovery nondisclosure, judicial estoppel from probate valuation, and Missouri probate limitations bar some fees Court: Affirmed fees award; Rule 26/37 exclusion inappropriate, judicial estoppel not warranted, probate filing does not limit federal fee award
Application of after-acquired evidence to limit back pay Smith: district court erred in limiting damages because employer failed to prove it would have fired him earlier ASB: argued Smith’s incarceration would have produced sufficient absences by July 20, 2011 to justify firing Court: Reversed and remanded — district court’s factual finding that release occurred July 20 was clearly erroneous (evidence supported July 19), so ASB did not meet its burden

Key Cases Cited

  • Hasenwinkel v. Mosaic, 809 F.3d 427 (8th Cir. 2015) (elements of FMLA interference)
  • Stallings v. Hussman Corp., 447 F.3d 1041 (8th Cir. 2006) (refusal to authorize FMLA leave is interference)
  • Thorson v. Gemini, Inc., 205 F.3d 370 (8th Cir. 2000) (serious health condition is mixed question of fact and law)
  • Schaub v. VonWald, 638 F.3d 905 (8th Cir. 2011) (bench-trial factual-review standard)
  • Dalton v. ManorCare of W. Des Moines IA, LLC, 782 F.3d 955 (8th Cir. 2015) (definition of serious health condition)
  • Rankin v. Seagate Techs., Inc., 246 F.3d 1145 (8th Cir. 2001) (ordinary illnesses can qualify when regulatory tests met)
  • Jackson v. City of Hot Springs, 751 F.3d 855 (8th Cir. 2014) (good-faith defense to liquidated damages)
  • Hite v. Vermeer Mfg. Co., 446 F.3d 858 (8th Cir. 2006) (presumption in favor of liquidated damages)
  • Marez v. Saint-Gobain Containers, Inc., 688 F.3d 958 (8th Cir. 2012) (attorney’s-fee review and standards)
  • Hensley v. Eckerhart, 461 U.S. 424 (1983) (lodestar method for attorney’s fees)
  • New Hampshire v. Maine, 532 U.S. 742 (2001) (judicial estoppel factors)
  • McKennon v. Nashville Banner Pub. Co., 513 U.S. 352 (1995) (after-acquired evidence limits damages period)
  • E.E.O.C. v. Dial Corp., 469 F.3d 735 (8th Cir. 2006) (employer’s burden to prove it would have fired employee for after-acquired misconduct)
  • Stekloff v. St. John’s Mercy Health Sys., 218 F.3d 858 (8th Cir. 2000) (FMLA eligibility without preexisting diagnosis)
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