Seventh Circuit Will Consider Whether Statute of Limitations Are Not Intended to Apply to USERRA Claims
In an appeal before the United States Court of Appeals for the Seventh Circuit, the National Employment Lawyers Association (“NELA”) filed an amicus brief arguing that the district court erred in Middleton v. City of Chicago, when it applied the catchall four-year limitations period contained in 28 U.S.C. § 1658 to Middleton’s USERRA claim. In its brief, NELA contends that Congress deliberately omitted a statute of limitations in the text of USERRA because it intended that none be used. Further, in 2008, the Veterans’ Benefits Improvement Act (“VBIA”) was signed into law which expressly prohibits the application of any statute of limitations to USERRA claims. Accordingly, the district court should not have applied Section 1658 or any other federal statute of limitations to Middleton’s claim under USERRA. For more information on USERRA and The Employment Law Group® law firm’s USERRA practice, click here.