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Ninth Circuit: Jury Must Determine 'Comparability' Under USERRA
The Wagner Law Group 
Feb. 23, 2023 "[The Ninth Circuit] ruled that the district court erred by comparing all military leaves, rather than just the short-term military leaves at issue here, with non-military leaves. It then noted that 'comparability is a question of fact.' It is, therefore, a question for the jury unless the facts of a case suggest that no reasonable jury could see enough commonality for a meaningful comparison." [Clarkson v. Alaska Airlines, Inc., No. 21-35473 (9th Cir. Feb. 1, 2023)] |
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