Sullivan v. Dollar Tree Stores, Inc., 623 F.3d 770 (2010)

Christina Sullivan was the manager of a Factory 2-U store before it filed for Chapter 11 bankruptcy. Dollar Tree later purchased Factory 2-U’s existing leasehold on the store where Sullivan was employed. Prior to the anniversary of her hire by Dollar Tree, Sullivan’s mother became ill but Dollar Tree did not provide Sullivan with family leave under the Family Medical Leave Act (FMLA). Following the termination of her employment, Sullivan filed this lawsuit in which she alleged that Dollar Tree was the successor in interest to Factory 2-U and that she was entitled to FMLA leave even though she had worked for Dollar Tree for fewer than 12 months. The district court granted summary judgment to Dollar Tree and the Ninth Circuit affirmed, holding that Dollar Tree was not a successor in interest to Factory 2-U.