David R. Smith v. The Tennessee National Guard

03/31/2017 IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE February 22, 2017 Session DAVID R. SMITH v. THE TENNESSEE NATIONAL GUARD Direct Appeal from the Circuit Court for Davidson County No. 16C-12 Thomas W. Brothers, Judge No. M2016-01109-COA-R3-CV This case involves a military service member’s claim against the Tennessee National Guard pursuant to the Uniformed Services Employment and Reemployment Rights Act of 1994,

38 U.S.C. § 4301

et seq., and Tennessee Code Annotated section 29-20-208. The trial court dismissed the complaint for failure to state a claim. We reverse and remand for…