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Victory in the 9th Circuit for John Messina


Summary Judgment was granted in favor of Merrill Lynch in a case concerning wrongful termination in violation of the Family Medical Leave Act (FMLA). After drafting the Appellant’s Brief and submitting it back in October 2013 I waited for a date for oral argument. I argued this case on June 2, 2015 and received a decision from the 9th Circuit on June 16, 2015. REVERSED and REMANDED . . . the sweet three words every Appellate Attorney loves to read at the end of the Court’s Opinion.

Here is video of the oral argument: click here.​

John Messina, seated above, receives a decision on a case he had before the 9th Circuit Court of Appeals. Very few lawyers argue cases in front of the 9th Circuit and even fewer lawyers win. Mr. Messina won this case.

The case:

My client worked for Merrill Lynch as a stock broker. He was fired for not complying with requirements under the Family Medical Leave Act (FMLA). We argued he was wrongfully terminated. The lower Federal Court granted Summary Judgment in favor of Merrill Lynch by deciding the serious medical condition was not one covered by the FMLA. I took the case up before the 9th Circuit. The 9th reversed the lower court and remanded the case back to the trial court.

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