TRAVERS v. FEDERAL EXP. CORP.

No. 20-2703.

8 F.4th 198 (2021)

Gerard TRAVERS, on behalf of himself and all others similarly situated, Appellant v. FEDERAL EXPRESS CORPORATION.

United States Court of Appeals, Third Circuit.

Filed: August 10, 2021.


Attorney(s) appearing for the Case

Jonathan E. Taylor [ARGUED], Peter Romer-Friedman , Gupta Wessler PLLC, 2001 K Street, N.W., Washington, DC 20006, R. Joseph Barton , Colin M. Downes , Block & Leviton LLP, 1735 20th Street, N.W., Washington, DC 20009, Counsel for Appellant.

John Paul Schnapper-Casteras , Schnapper-Casteras PLLC, 1717 K Street, N.W., Suite 900, Washington, DC 20006, Counsel for Amicus Curiae in Support of Appellant Reserve Officers Association of the United States.

Anton Metlitsky [ARGUED], Mark W. Robertson , O'Melveny & Myers LLP, 7 Times Square, Times Square Tower, 33rd Floor, New York, NY 10036, Jason Zarrow , O'Melveny & Myers LLP, 400 South Hope Street, Los Angeles, CA 90071, Colleen Hitch Wilson , Federal Express Corporation, 3620 Hacks Cross Road, Building B, 3rd Floor, Memphis, TN 38125, Counsel for Appellee.

Erik R. Zimmerman , Spencer T. Wiles , Robinson, Bradshaw & Hinson, P.A., 1450 Raleigh Road, Suite 100, Chapel Hill, NC 27517, Counsel for Amici Curiae in Support of Appellee Chamber of Commerce of the United States of America and Airlines for America.

Before: SHWARTZ, PORTER, and MATEY, Circuit Judges.


OPINION OF THE COURT

Those who serve in the military must also balance civilian life, including time away from a civilian job. To help servicemembers strike that balance, Congress enacted the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA"). Gerard Travers appeals the dismissal of his lawsuit...

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