USERRA Law
 
Lt. Col. Keith Janowski, U.S. Army v. Division of State Police, Department of Safety and Homeland Security, State of Delaware

We address, on first impression in Delaware, whether the General Assembly explicitly waived sovereign immunity from suit by military reservists for reemployment rights. Former state trooper, Keith Janowski, asserts that the State1 violated state and federal statutes, by terminating his employment when he returned from active military duty. He urges us, in the face of state constitutional protectio... More...   $0 (10-05-2009 - DE)

Ryan P. Crews v. City of Mt. Vernon, et al.

For nine years, the City of Mt. Vernon allowed police officers who missed their weekend work shifts to attend National Guard duties to make up the time on their scheduled days off. The City provided no comparable scheduling benefit to non-Guard employees who missed work for other, non-military activities. This appeal presents the question of whether, under the Uniformed Services Employment and Ree... More...   $0 (06-04-2009 - IL)

Darold Maxfield v. Cintas Corporation

Darold Maxfield appeals the district court's1 denial of his motion for a new trial after a jury found Cintas Corporation did not violate the Uniform Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. §§ 4301-4333, by taking adverse employment actions against Maxfield because of his military service. We affirm.

I

This case is before us for the third time. Initially,... More...
   $0 (04-22-2009 - AR)

Vincent E. Staub v. Proctor Hospital

One would guess that the chances are pretty slim that the work of a 17th century French poet would find its way into a Chicago courtroom in 2009. But that’s the situation in this case as we try to make sense out of what has been dubbed the “cat’s paw” theory. The term derives from the fable “The Monkey and the Cat” penned by Jean de La Fontaine (1621-1695). In the tale, a clever—and ... More...   $0 (03-26-2009 - IL)

Jerome Maher v. City of Chicago

Jerome Maher sued the City of Chicago (“the City”), alleging, as pertinent here, that the City wrongfully demoted him in 1991, 1993, and 19981 for being absent from work while on active duty in the Naval Reserves, in violation of the Veterans’ Reemployment Rights Act and its successor legislation, the Uniformed Services Employment and Reemployment Rights Act (“USERRA”). The district cour... More...   $0 (10-31-2008 - IL)

Robert Davis Townsend v. University of Alaska

Robert David Townsend sued his former employer, the University of Alaska, Fairbanks, in federal district court, alleging violations of the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA” or the “Act”), 38 U.S.C. §§ 4301-4333. The district court dismissed his action, concluding that it lacked jurisdiction over a USERRA claim brought by an individual against an ... More...   $0 (09-05-2008 - AK)

Victor Ziegler, Sr. v. Dirk Kempthorne

Victor Ziegler, Sr., appeals following the district court's adverse judgment in his action brought under the Uniformed Services Employment and Reemployment Rights Act (USERRA), the Veterans Employment Opportunities Act (VEOA), and the Age Discrimination in Employment Act (ADEA). We affirm in part and reverse in part.

We conclude dismissal was proper as to Ziegler's USERRA and VEOA claims, ... More...   $0 (02-05-2008 - SD)

Brian Perez v. Uline, Inc., et al.

Plaintiff Brian Perez appeals from a judgment on his complaint against defendants Uline, Inc., Patrick Shea, Mike Donaghy, and Salvador Alcaraz for wrongful termination, breach of oral contract, failure to pay overtime wages in violation of the statute, and defamation, claiming the court erred in enforcing a severance agreement that was against public policy contained in, among other thin... More...   $0 (12-09-2007 - CA)

James D. Wallace v. City of San Diego; City of San Diego Police Department

Plaintiff-Appellant James D. Wallace appeals the district court's order granting the Defendant-Appellee City of San Diego's ("City") motion for judgment as a matter of law and conditionally granting a new trial. The district court issued its order after a jury found that the City retaliated against Wallace in violation of the Uniformed Services Employment and Reemployment Rights Act (US... More...   $0 (02-12-2007 - CA)

Darold Maxfield v. Cintas Corp. No. 2

Darold Maxfield appeals from a final judgment entered in the District Court for the Eastern District of Arkansas granting summary judgment in favor of his former employer, Cintas Corporation No. 2 ("Cintas"), on his claims of employment discrimination based on race in violation of Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, 42 U.S.C. 2000(e) et s... More...   $0 (11-01-2005 - AR)

Gary W. Lapine v. Town of Wellesley

The Town of Wellesley ("Town") appeals from the judgment of the magistrate judge. The magistrate judge held that Gary Lapine ("Lapine") is entitled to reemployment as a police officer with the Town pursuant to the Veterans' Reemployment Rights Act ("VRRA"), 38 U.S.C. 4301-4306 (Supp. II 1992) amended by Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. 4301, et seq.... More...   $173403 (09-04-2002 - MA)

William E. Gagnon v. Sprint Corp.

William Gagnon brought this reverse race discrimination and retaliation case under Title VII, 42 U.S.C. 2000e et seq., the Missouri Human Rights Act ("MHRA"), and the Uniformed Services Employment and Reemployment Rights Act ("USERRA"). Gagnon appeals the district court's issuance of judgment as a matter of law ("JAML") at the close of plaintiff's case in favor of Sprint PCS on his discrimi... More...   $0 (03-19-2002 - MO)

Nathan Miller, et al. v. City of Indianapolis, et al.

A group of firefighters contend that the City of Indianapolis violated the Uniform Services Employment and Reemployment Rights Act, 38 U.S.C. sec. 4301 (USERRA), in the manner in which it calculated the paid leave to which they are entitled when they perform their yearly service in the military Reserves or National Guard. The district court concluded that the firefighters failed to estab... More...   $0 (02-20-2002 - IN)

John C. Leisek v. Brightwood Corporation

John C. Leisek appeals from the district court's grant of summary judgment in favor of Brightwood Corporation ("Brightwood") on Leisek's claims under the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA"), 38 U.S.C. 4301-4333. We have jurisdiction pursuant to 28 U.S.C. 1291, and we affirm in part, reverse in part, and remand.

I. BACKGROUND

Leisek was a ... More...   $0 (01-22-2002 - OR)

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