Wednesday, October 27, 2010

Supreme Court to Hear Argument in USERRA Case

This Tuesday, Nov. 2, the Supreme Court will hear oral argument in the case Staub v. Proctor Hospital. Staub is the Court's first-ever case dealing with the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) and the first reemployment rights case since 1991.

Army Reserve Sergeant Vincent E. Staub claims that Proctor Hospital violated USERRA when it fired him in April 2004. Staub won in the United States District Court for the Central District of Illinois, and the jury found that the firing was motivated, at least in part, by his military obligations. However, he lost on Proctor Hospital’s appeal in the United States Court of Appeals for the 7th Circuit.

ROA has been involved in the case from the start. In July, CAPT Sam Wright, director of ROA’s Service Members Law Center, filed an amicus brief in support of Staub. ROA believes the circuit court’s decision is contrary to the Supreme Court’s commandment to construe the reemployment statute liberally for the benefit of those who have set aside their civilian pursuits to serve their country.

CAPT Wright has also published two law reviews on the case: “Is Personal Animus Discrimination? A USERRA case may be headed to the Supreme Court.” and “Supreme Court Agrees to Review Unfavorable 7th Circuit Case.”

The oral argument will take place at 1 p.m., and each side will have 30 minutes. Public seating should be available for those interested in attending.

Expect more coverage from ROA in the coming days.

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