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 reserve officer plaintiff 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. (Amended opinion)

Appellate Information

• Argued 05/04/2005
• Decided 02/12/2007
• Published 02/12/2007

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.