United States Eighth Circuit

In a former employee's action alleging race discrimination and violations of the Uniform Services Employment and Reemployment Rights Act (USERRA), summary judgment for defendant on the USERRA claims is reversed where: 1) defendant-employer's second motion for summary judgment presented the same legal issue that was resolved in a prior appellate decision, and on an evidentiary record that was not substantially different from the record originally considered; and 2) consequently, the law of the case dictated that the motion for summary judgment should have been denied.

Appellate Information

• Decided 06/14/2007
• Published 06/14/2007

Judges

• COLLOTON, Circuit Judge., Before COLLOTON and GRUENDER, Circuit Judges, and GOLDBERG, Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Counsel who presented argument on behalf of the appellant was Sheila F. Campbell of Little Rock, AR.


• For Appellees:
  
• Counsel who presented argument on behalf of the appellee was William E. Hester III of New Orleans, LA.