Jennifer Lane v. Grant County

MEMORANDUM

Jennifer Lane was awarded back pay, liquidated damages, attorney’s fees, and costs after a jury found that her employer, Grant County, Washington (the “County”) violated her rights under the Family and Medical Leave Act (“FMLA”) when it refused to restore her to the same or similar position after she returned from FMLA leave. 29 U.S.C. § 2614 . The County appeals the district court’s denial of summary judgment upon reconsideration to the County on the employment restoration claim, the district court’s denial of its motion for a new trial or to amend judgment based upon improper jury instructions, and the award of liquidated damages, front pay, costs and fees. We affirm.

“[W]e may not review a denial of summary judgment after a jury has decided the case.” Gen. Signal Corp. v. MCI Telecomms. Corp., 66 F.3d 1500, 1506 (9th Cir.1995) (citing Lum v. City & Cty. of Honolulu, 963 F.2d 1167, 1169-70 (9th Cir. 1992) (denying, review of denial of summary judgment after a jury verdict for the moving party), and Locricchio v. Legal Servs. Corp., 833 F.2d 1352, 1358-59 (9th Cir.1987) (denying review of denial of summary judgment after a jury verdict against the moving party)).…