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Evan Hart v. Family Dental Group, Pc, Kenneth Epstein

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Argued: May 18, 2011

Before: MINER, CABRANES, and STRAUB, Circuit Judges.

Plaintiff-Appellant Dr. Evan Hart appeals from a judgment entered on February 11, 2010, in the United States District Court for the District of Connecticut (Holly B. Fitzsimmons, Magistrate Judge), following the District Court’s grant of a February 9, 2010 oral motion of Defendants-Appellees Family Dental Group, PC, and its president, Kenneth Epstein, for judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50 with respect to Hart’s claims arising under § 4312(a) of the Uniformed Services Employment and Reemployment Rights Act (“USERRA”), 38 U.S.C. § 4301 et seq. We hold that there was no reasonable basis to find a violation of § 4312(a) where Hart was rehired with the same title, 1 salary, and other conditions of employment after his return from military service. Therefore, we AFFIRM the order and judgment of the District Court as to Hart’s claims arising under § 4312 of USERRA.

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