A military reservist who claims in a federal lawsuit that he was denied the right to “reclaim” his civilian job after returning from a deployment to Pakistan has now won the right to pursue punitive damages under a state tort claim for wrongful discharge.
U.S. District Judge Terrence F. McVerry of the Western District of Pennsylvania had initially ruled in Hamovitz v. Santa Barbara Applied Research that plaintiff Arnold Hamovitz was not entitled to seek punitive damages under either the federal Uniform Services Employment and Reemployment Rights Act or the Pennsylvania Military Affairs Act.
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