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David R. Smith v. Tennessee National Guard

Paid petition · Supreme Court of Tennessee, Middle Division, No. M2016-01109-SC-R11-CV · judgment June 22, 2018

Certiorari denied · October 9, 2018
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

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?

Counsel of record

For petitioner
Phillip Leon Davidson

For respondent
Joseph F. Whalen III
Attorney general's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 09 2018
    Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
  2. Sep 19 2018
    DISTRIBUTED for Conference of 10/5/2018.
  3. Sep 12 2018
    Waiver of right of respondent The Tennessee National Guard to respond filed.
  4. Sep 07 2018
    Petition for a writ of certiorari filed. (Response due October 11, 2018)