Smith v. Tennessee National Guard

Plaintiff’s claim brought against Defendant pursuant to the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. 4301 to 4335 (USERRA), accrued prior to July 1, 2014 and remained barred by sovereign immunity.In 2014, the General Assembly enacted a statute waiving Tennessee’s sovereign immunity for claims bought against the State pursuant to USERRA. The waiver of sovereign immunity became effective on July 1, 2014 and applied to USERRA claims accusing on or after that date. Relying on this newly enacted statute, Plaintiff brought a USERRA claim against Defendant, an entity of the State, based on facts that occurred prior to August 8, 2014. the trial court dismissed the claim, concluding that the claim remained barred by sovereign immunity because it accrued prior to July 1, 2014. The court of appeals reversed, concluding that Plaintiff’s cause of action accrued on July 1, 2014 when Plaintiff gained a judicial remedy by the enactment of the statute waiving sovereign immunity. The Supreme Court reversed, holding that Plaintiff’s claim accrued prior to July 1, 2014. View "Smith v. Tennessee National Guard" on Justia Law