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USERRA claims are subject to arbitration
August 13, 2008 by Ross Runkel at LawMemo

The 6th Circuit has decided that claimed violations of the Uniformed Services Employment and Reemployment Rights Act (USERRA) are subject to arbitration.

Landis v. Pinnacle Eye Care (6th Cir 08/11/2008)

Timothy Landis sued the employer, asserting (among other things) a claim for violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA).

The trial court granted the employer's motion to stay the case and compel arbitration.

The 6th Circuit affirmed, holding that USERRA claims are subject to arbitration.

The court noted that the 5th Circuit has come to the same conclusion, and cited with approval that circuit's decision in Garrett v. Circuit City Stores, Inc., 449 F3d 672 (5th Cir 2006).

The court reasoned that

1) nothing in USERRA's statutory language or legislative history demonstrates a Congressional intent to preclude arbitration; and

2) there is no inherent conflict between arbitration and USERRA's underlying structure and purpose.

My view: Hardly a surprise. The court followed the US Supreme Court's analytical method in Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20 (1991).

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