Ferrero v. Henderson, 341 F.Supp.2d 873 (S.D. Ohio 2004), opinion withdrawn in part on reconsideration, 2005 WL 1802134 (S.D. Ohio July 28, 2005)

Key Insight: Although plaintiff was unable to make out FMLA claim, court sanctioned defendant under Rule 26(g)(3) for failure to timely produce dispositive payroll data, and ordered it to pay plaintiff the reasonable attorney fees and expenses incurred in prosecuting FMLA claim, including but not limited to the time her attorney spent in pretrial preparation of the claim and in prosecuting the claim at trial

Nature of Case: Wrongful termination, FMLA claim

Electronic Data Involved: Payroll data

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