Monday, June 26, 2006

Summary judgment in a USERRA case

In the case of Francis v. Booz, Allen & Hamilton, Inc., the Fourth Circuit in an opinion by Judge Duncan, joined by Chief Judge Wilkins and Judge Niemeyer, affirmed summary judgment for the employer on the plaintiff's three different kinds of claims under the Uniformed Services Employment and Reemployment Rights Act.

USERRA is one of the newest of the Civil Rights statutes and best written from the perspective of the employees - with many of the ambiguities that were thrashed out in the courts under the other statutes dealt with expressly within the language of the Code, in ways that the older statutes still lack.

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