Divided Sixth Circuit Panel Applies “Cat’s Paw” Theory to FMLA Retaliation Claim

A split panel of the Sixth Circuit Court of Appeals recently held that the “cat’s paw” theory of liability applies to FMLA retaliation claims. In prior opinions, the Sixth Circuit has assumed without deciding that the theory is available in FMLA retaliation cases. But Marshall v. The Rawlings Company, LLC now answers the question directly, and