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The Sixth Circuit Court of Appeals followed Fifth Circuit precedent in holding that Uniformed Services Employment and Reemployment Act of 1994 (USERRA) claims are arbitrable since arbitration presents the service member with a "fair opportunity" to prove their claim.
In Landis v. Pinnacle Eye Care, LLC, No. 07-6204, 2008 WL 3267618, (6th Cir. Aug. 11, 2008), Landis sued Pinnacle, his employer, alleging that Pinnacle violated USERRA by refusing to honor the terms of Landis' employment following his military service in Afghanistan. Pinnacle moved to compel arbitration. The trial court granted the motion.
On appeal, Landis argued that USERRA claims are not arbitrable. The Court rejected this argument based largely on the Fifth Circuit Court of Appeals decision in Garrett v. Circuit City Stores, Inc., 449 F.3d 672, 674-75 (5th Cir. 2006). Specifically, the Court noted the following factors: (1) Congress did not expressly exempt USERRA claims from arbitration; (2) there is nothing in the legislative history that weighs against arbitrability; and (3) there is no inherent conflict between arbitration and the purpose of USERAA because arbitration "presents a fair opportunity for a claimant to present and prevail on a claim of a USERRA violation."
Having determined that USERAA claims are arbitrable, the Court affirmed the order compelling arbitration.
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