United States Ninth Circuit

Grant of judgment as a matter of law and a new trial are reversed where a jury's finding that a city constructively discharged plaintiff, a reserve officer, and took other retaliatory actions against him in violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA) was supported by substantial evidence and was not contrary to the great weight of the evidence. However, a determination by the jury that liquidated damages should not be awarded is affirmed as plaintiff failed to preserve the issue for appeal.

Appellate Information

• Argued 05/04/2005
• Decided 08/25/2006
• Published 08/25/2006

Judges

• Before: JAMES R. BROWNING, RAYMOND C. FISHER, and JAY S. BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Carolyn Chapman, Coronado, CA, for the appellant.


• For Appellees:
  
• Mark Stiffler, Deputy City Attorney, San Diego, CA, for the appellee.