Articles Posted in Military Law

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Plaintiff, a member of the National Guard, filed suit against TXD, alleging that TXD violated the Uniform Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. 4301 et seq., when it terminated him while he was deployed on active duty in Iraq. On appeal, plaintiff challenged the district court's grant of summary judgment in favor of TXD. At issue was whether TXD violated its USERRA obligations to plaintiff while he was on leave by not including him on an asset list of TXD employees provided to Foxxe, which took over TXD's operations without interruption. The court reversed and remanded, concluding that the modified claim turned on one or more essential facts that the summary judgment record did not address. View "Dorris v. TXD Services, LP" on Justia Law

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Plaintiff filed suit under the Federal Tort Claims Act (FTCA), 28 U.S.C. 2671 et seq., alleging that the VA negligently withheld benefits. Determining that the court had jurisdiction under 28 U.S.C. 1291, the court concluded that resolving plaintiff's claim would require the district court to determine whether the VA acted negligently in the benefits determination. Therefore, the district court lacked jurisdiction under 38 U.S.C. 511(a) and the district court properly dismissed the case. Accordingly, the court affirmed the judgment of the district court. View "Jones v. United States" on Justia Law

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After plaintiff's employment was terminated by Minco as part of a reduction in force, he brought this action under the Uniformed Employment and Reemployment Rights Act (USERRA), 38 U.S.C. 4301 et seq. The court concluded that the jury's finding that plaintiff's position of employment would have been terminated had he not left for military service was entirely consistent with USERRA's text and its implementing regulations. Plaintiff did not properly preserve his remaining contention. Accordingly, the court affirmed the judgment. View "Milhauser v. Minco Products, Inc." on Justia Law

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Plaintiff appealed from the district court's grant of summary judgment in favor of defendant on his claims that defendant committed employment discrimination, in violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. 4301, et seq. Plaintiff claimed that his military service was a motivating factor in defendant's decision to discharge him and that defendant terminated him without cause. The court held that plaintiff failed to present sufficient evidence to allow a reasonable jury to find that defendant was hostile to his membership in the uniformed services; that the timing of plaintiff's termination failed to support his argument that his membership in the uniform services was a motivating factor in defendant's decision; and that defendant's reason for termination have not varied. Therefore, the court concluded that the district court properly granted summary judgment in favor of defendant on this claim. The court also held that defendant's decision to discharge plaintiff was not arbitrary and there was no evidence to suggest that defendant tried to evade the statute and that plaintiff had notice that his conduct would constitute cause for discharge. Therefore, the court also affirmed summary judgment on this claim.