Supreme Court of Delaware

In plaintiff's suit claiming that the defendants violated state and federal statutes by termination his employment when he returned from active military duty, trial court's grant of defendant's motion to dismiss for lack of subject matter jurisdiction is affirmed as, the trial court correctly held that neither 20 Del. C. section 905, nor 29 Del. C. section 5105 explicitly waives sovereign immunity, as the Delaware Constitution and Uniformed Service Employment and Reemployment Rights Act (USERRA) require.

Appellate Information

• Decided 09/29/2009
• Published 09/29/2009

Judges

• STEELE, Chief Justice:, Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices constituting the court en banc.

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• Thomas S. Neuberger (argued) and Stephen J. Neuberger, The Neuberger Firm, P.A., Wilmington, DE for appellant.


• For Appellees:
  
• Jennifer D. Oliva, Department of Justice, Wilmington, Delaware for appellee.