Serricchio v. Prudential Securities Inc., No. 10-1590 (2d Cir. 2011)
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This was an appeal from three orders: (1) denying summary judgment to Wachovia on the ground that appellee had adequately requested reinstatement to his prior employment position following a period of active military duty; (2) awarding liquidated damages, in an amount equal to the award of backpay and granting equitable relief to appellee following a bench trial on damages after a jury found Wachovia liable for violating the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. 4313, in failing to reemploy appellee promptly to a position of like seniority, status, and pay following his military services; and (3) denying Wachovia's motion for judgment as a matter of law, or, in the alternative, for a new trial. The court held that because it found no error in the district court's thoughtful and well-reasoned opinions, the court affirmed.
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