After-acquired Evidence May Limit FMLA Remedies; Attorneys' Fees Far Exceeding Recovery Reasonable: Seventh Circuit | Practical Law
In Cuff v. Trans States Holdings, Inc., the US Court of Appeals for the Seventh Circuit affirmed a district court decision granting summary judgment to an employee in a Family and Medical Leave Act (FMLA) interference and retaliation case. The Seventh Circuit held that after-acquired evidence can be applied to reduce remedies under FMLA claims, but that a defendant must make an offer of proof in order to appeal a decision to exclude evidence. The Seventh Circuit also noted that evidence must be unfairly prejudicial to be excluded under Federal Rule of Evidence 403. Finally, the Seventh Circuit held that attorneys' fees far exceeding the party's recovery of damages may be reasonable.