24 Cited authorities

  1. Harris N.A. v. Hershey

    711 F.3d 794 (7th Cir. 2013)   Cited 144 times
    Holding that a loan extended to a family investment company was not for personal, family or household purposes under Illinois state law
  2. Alabama Power Co. v. Davis

    431 U.S. 581 (1977)   Cited 123 times
    Holding that the Military Selective Service Act of 1967 required an employer to grant a veteran returning from military service credit toward his pension for time spent in the military
  3. Coffy v. Republic Steel Corp.

    447 U.S. 191 (1980)   Cited 88 times   1 Legal Analyses
    Holding that courts should liberally construe the Vietnam Era Veterans' Readjustment Assistance Act of 1974
  4. Tice v. Am. Airlines, Inc.

    288 F.3d 313 (7th Cir. 2002)   Cited 91 times   1 Legal Analyses
    Holding RLA precluded federal age-discrimination claim
  5. Brown v. Illinois Cent. R. Co.

    254 F.3d 654 (7th Cir. 2001)   Cited 85 times
    Holding that Americans with Disabilities Act claim was preempted by the RLA where plaintiffs claim "requires a potentially dispositive interpretation of the CBA's seniority provisions"
  6. Crews v. City

    567 F.3d 860 (7th Cir. 2009)   Cited 65 times   1 Legal Analyses
    Holding that a city's decision to stop providing a work schedule benefit to employees in the National Guard, which it had never provided to non-Guard employees, did not violate § 4311 because "USERRA does not require such preferential treatment"
  7. Gross v. PPG Industries, Inc.

    636 F.3d 884 (7th Cir. 2011)   Cited 58 times
    In Gross, the plaintiff brought a claim for differential pay under the Act for his tour of duty with the Marines in Iraq.
  8. Foster v. Dravo Corp.

    420 U.S. 92 (1975)   Cited 44 times
    Analyzing Military Selective Service Act
  9. Dunderdale v. United Airlines, Inc.

    807 F.3d 849 (7th Cir. 2015)   Cited 38 times   3 Legal Analyses
    Applying Barnett and finding it would be unreasonable to require employer to reassign disabled workers in contravention of its seniority system
  10. Miller v. Sw. Airlines Co.

    926 F.3d 898 (7th Cir. 2019)   Cited 29 times   7 Legal Analyses
    Concluding "[defendant] was entitled to remove the suit to federal court under federal-question jurisdiction"
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 278,607 times   126 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Section 4301 - Purposes; sense of Congress

    38 U.S.C. § 4301   Cited 847 times   27 Legal Analyses
    Adopting Alabama Power for USERRA
  13. Section 4311 - Discrimination against persons who serve in the uniformed services and acts of reprisal prohibited

    38 U.S.C. § 4311   Cited 633 times   5 Legal Analyses
    Prohibiting denial of reemployment "on the basis" of uniformed service
  14. Section 4316 - Rights, benefits, and obligations of persons absent from employment for service in a uniformed service

    38 U.S.C. § 4316   Cited 133 times   6 Legal Analyses
    Providing that employees who are absent while serving in the military must be deemed to be on furlough or leave of absence with the same rights and benefits as similarly situated non-military employees, but not providing that they must be paid
  15. § 1002.2 Is USERRA a new law?

    20 C.F.R. § 1002.2   Cited 26 times
    Tracing lineage of veterans’ employment protection statutes back to Selective Training and Service Act of 1940
  16. § 1002.150 Which non-seniority rights and benefits is the employee entitled to during a period of service?

    20 C.F.R. § 1002.150   Cited 16 times   1 Legal Analyses
    Requiring employers to provide vacation leave "to an employee on a military leave of absence only if the employer provides that benefit to similarly situated employees on comparable leaves of absence"
  17. § 1002.212 How does a person know whether a particular right or benefit is a seniority-based right or benefit?

    20 C.F.R. § 1002.212   Cited 4 times

    A seniority-based right or benefit is one that accrues with, or is determined by, longevity in employment. Generally, whether a right or benefit is seniority-based depends on three factors: (a) Whether the right or benefit is a reward for length of service rather than a form of short-term compensation for work performed; (b) Whether it is reasonably certain that the employee would have received the right or benefit if he or she had remained continuously employed during the period of service; and