USERRA Rights Blog

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Entries Tagged as 'Preemption'

District Court Rules that USERRA Does Not Preempt State Tort Law

August 21st, 2009 · Comments Off

The district court in Reyes v. Goya of Puerto Rico, Inc. held that the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) does not  per se preempt state tort law claims.  In reaching this result, the court clarified that the preemption provision under USERRA applies only where the second claim either “hinges upon the same […]

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Tags: Preemption · USERRA Rights