Justia Military Law Opinion Summaries

Articles Posted in US Court of Appeals for the Eighth Circuit

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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

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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