Justia Military Law Opinion Summaries

Articles Posted in US Court of Appeals for the Eighth Circuit
by
The Eighth Circuit affirmed the district court's grant of summary judgment for Anixter on plaintiff's claim that the company violated the Uniformed Services Employment and Reemployment Rights Act (USERRA), by discriminating and retaliating against him on the basis of his prior service in the military and exercise of rights protected under the statute. The court held that plaintiff failed to show a genuine dispute of material fact that his military status was a motivating factor in Anixter's decision to fire him. The court noted that most of Anixter's actions that plaintiff claimed violated USERRA were not independently actionable under the statute. The court held that the order for plaintiff to perform some manual labor did not exceed his disability restriction and was therefore not materially adverse; Anixter's denial of plaintiff's request for a service dog was not sufficiently adverse; and defendant's discharge from Anixter four days after requesting PTSD accommodation did not create sufficient evidence of a genuine dispute of material fact regarding Anixter's unlawful motivation to fire plaintiff. Rather, the undisputed evidence indicated that plaintiff's temperament played a part in Anixter's decision to fire him, which was consistent with the company's explanation that it fired him due to this disagreement. View "McConnell v. Anixter, Inc." on Justia Law

by
The Eighth Circuit affirmed the district court's dismissal of plaintiff's claim under the Federal Tort Claims Act against the United States for negligent supervision and training. Plaintiff alleged that he suffered emotional and physical distress after the Veterans Administration (VA) sent him a letter erroneously stating that his corneal ulcerations were not service-connected. The court held that the Veterans' Judicial Review Act (VJRA) limits district courts' jurisdiction over suits involving a VA benefits determination. Therefore, the Board's determination that the February 2015 letter contained a "clear and unmistakable" error does not constitute an admission of negligence such that the district court would no longer need to review a benefits determination in deciding plaintiff's claim. Therefore, the action was properly dismissed for lack of subject matter jurisdiction. View "Newcombe v. United States" on Justia Law

by
The Eighth Circuit reversed the district court's order granting summary judgment for Dollar General in an action brought by plaintiff, after returning from military service, alleging that the company denied him reemployment as required under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). The court held that there was a genuine dispute of material fact as to plaintiff's resignation; a reasonable jury could find that plaintiff's application for the store manager position at the Bryant store was sufficient to give a reasonable employer adequate notice that he was a returning service member seeking reemployment; Dollar General was not entitled to judgment as a matter of law on plaintiff's USERRA claim because he was not obligated to seek reemployment through the leave coordinator; and judicial estoppel did not bar plaintiff's USERRA claim. View "Scudder v. Dolgencorp, LLC" on Justia Law

by
Plaintiff filed suit against her former employer under the Uniformed Services Employment and Reemployment Rights Act (USERRA), alleging that the employer violated USERRA by failing to promptly reemploy her and the violation was willful. The Eighth Circuit affirmed the district court's order granting relief to plaintiff under USERRA, holding that the district court did not clearly err by finding that the employer acted willfully and plaintiff was entitled to liquidated damages. View "Mace v. Willis" on Justia Law