Chad Leroy Lisdahl v. Mayo Foundation, et al

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Submitted: November 17, 2010

Before SMITH, BEAM, and BENTON, Circuit Judges.

Chad Leroy Lisdahl, a veteran, sued Gold Cross Ambulance, a part of the Mayo Foundation for Medical Education and Research, and David B. Johnson, his supervisor at Gold Cross, alleging workplace discrimination and constructive discharge on the basis of veteran status, in violation of the Uniformed Services Employment and Reemployment Act of 1994, 38 U.S.C. §§4301-4335 (“USERRA”). Michael T. Amendola and Roger A. Swor, Gold Cross paramedics, also sued under USERRA alleging retaliation by Gold Cross and Johnson for providing statements in support of Lisdahl’s claims. After a bench trial on Lisdahl’s claims, the district court*fn1 entered judgment for the defendants. See Lisdahl v. Mayo Found. for Medical Educ. and Research, 698 F.Supp.2d 1081 (D.Minn. 2010). The district court*fn2 later granted defendants’ motion for summary judgment in the retaliation cases of Amendola and Swor. See Amendola v. Mayo Found. for Medical Educ. and Research, Nos. 08-6231, 08-6232, 2010 WL 1286087 (D.Minn. Mar. 29, 2010). Having jurisdiction under 28 U.S.C. § 1291 of these consolidated appeals, this court affirms.

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