In an action under the Uniformed Services Employment and Reemployment Rights Act (USERRA) claiming that Defendant terminated Plaintiff based on his military service, judgment for Plaintiff is affirmed where evidence of anti-military animus from a decisionmaker, combined with the close temporal relationship between Plaintiff’s leave for military service and his discharge, were sufficient to support the District Court’s finding that Plaintiff was discharged in violation of USERRA.

Read Hance v. Norfolk S. Ry. Co., No. 07-5475

Appellate Information

Argued: June 5, 2008

Decided and Filed: July 1, 2009

Judges

Per Curiam

Counsel

For Appellant:

James Stanton Whitehead, Sidley Austin LLP, Chicago, IL

For Appellee:

K. Cody Allison, Tiller Allison, Nashville, TN

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