David R. Smith v. The Tennessee National Guard
Case Details
- Judge(s)
- Judge Brandon O. Gibson
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- Appeal from trial court dismissal; reversed and remanded
Related Laws
No specific laws identified for this ruling.
Outcome
Trial court's dismissal for failure to state a claim was reversed and case remanded for further proceedings on USERRA and Tennessee reemployment rights claims.
Excerpt
This case involves a military service member's claim against the Tennessee National Guard pursuant to the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4301 et seq., and Tennessee Code Annotated section 29-20-208. The trial court dismissed the complaint for failure to state a claim. We reverse and remand for further proceedings.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
More Rulings in This Case
Other orders and opinions in David R. Smith v. The Tennessee National Guard from the same court.
Similar Rulings
Plaintiff brought claims against Knox County and the County Clerk based on allegedly discriminatory employment practices. The trial court determined that Plaintiff committed serious discovery violations and imposed as a sanction the exclusion of certain evidence. With this evidence excluded, the trial court granted summary judgment to the Defendants. Plaintiff appeals, challenging the discovery sanction, the trial court's conclusion under the Tennessee Human Rights Act that the continuing violation doctrine did not apply, the trial court's conclusion that the Clerk was not individually liable, and the award of attorney's fees against the Plaintiff and her attorney. We affirm.
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