No. 18-312
David R. Smith v. Tennessee National Guard
Response Waived
Tags: civil-procedure civil-rights constitutional-interpretation employment employment-law preemption reemployment-rights state-law statute-of-limitations supremacy-clause time-limitation title-38-usc-4301 uniformed-services-reserve-reemployment-act userra-act
Key Terms:
Environmental SocialSecurity Securities Immigration
Environmental SocialSecurity Securities Immigration
Latest Conference:
2018-10-05
Question Presented (AI Summary)
Does a state law that sets a time limit on when an action may be filed under the Uniformed Services Reserve Reemployment Act, Title 38 U.S.C. §§ 4301, et seq., (USERRA Act), frustrate the full effectiveness of the purpose of the Act, and thus violate the supremacy clause of the United States Constitution?
Question Presented (from Petition)
QUESTION PRESENTED Does a state law that sets a time limit on when an action may be filed under the Uniformed Services Reserve Reemployment Act, Title 38 U.S.C. §§ 4301, et seq., (USERRA Act), frustrate the full effectiveness of the purpose of the Act, and thus violate the supremacy clause of the United States Constitution?
Docket Entries
2018-10-09
Petition DENIED.
2018-09-19
DISTRIBUTED for Conference of 10/5/2018.
2018-09-12
Waiver of right of respondent The Tennessee National Guard to respond filed.
2018-09-07
Petition for a writ of certiorari filed. (Response due October 11, 2018)
Attorneys
Lieutenant-Colonel David R. Smith
Phillip Leon Davidson — Petitioner
Phillip Leon Davidson — Petitioner
The Tennessee National Guard
Joseph F. Whalen III — Attorney General's Office, Respondent
Joseph F. Whalen III — Attorney General's Office, Respondent