Dorris v. TXD Services, LP, No. 12-3096 (8th Cir. 2014)
Annotate this CasePlaintiff, a member of the National Guard, filed suit against TXD, alleging that TXD violated the Uniform Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. 4301 et seq., when it terminated him while he was deployed on active duty in Iraq. On appeal, plaintiff challenged the district court's grant of summary judgment in favor of TXD. At issue was whether TXD violated its USERRA obligations to plaintiff while he was on leave by not including him on an asset list of TXD employees provided to Foxxe, which took over TXD's operations without interruption. The court reversed and remanded, concluding that the modified claim turned on one or more essential facts that the summary judgment record did not address.
Court Description: Civil case - Uniformed Services Employment and Reemployment Rights Act. On this record, whether plaintiff was denied a benefit of employment when his employer did not include him on the asset sale list is a disputed issue of material fact, and the district court erred in granting the employer's motion for summary judgment on this specific USERRA claim.
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