Friday, September 5th, 2008...8:04 am
9th Cir: Private USERRA Claims Against State Employers
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The 9th Circuit has reviewed a state employee’s rights under the Uniformed Services Employment and Reemployment Rights Act of 1994, and held that “a federal district court lacks jurisdiction over a USERRA action brought by an individual against a state and that USERRA does not create a cause of action against state employee-supervisors.”
Because I represented one of the parties, I’ll leave commentary to others.
Townsend v. University of Alaska, 2008 WL 4093608 (9th Cir. Sept. 5, 2008)
Donald Hyatt and George Aucoin of New Orleans, Louisiana, represented the employee-plaintiff. Mark Ashburn of Ashburn & Mason, Anchorage, and William Schendel of Fairbanks represented the University.
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