1. “Are federal employees considered a ‘person’ for the purposes of USERRA and thereby entitled to the Rights and Benefits guaranteed to ‘any person’ by Chapter 43 of Title 38 U.S. Code.
2. “What are the characteristics of a leave of absence that may be considered in determining ‘comparability’ between a leave of absence for service to the uniformed services and other leaves of absence, particularly for determination of benefits (and employee costs of benefits) that should be provided?”
3. “Did Congress mean what they said, through plain language, in 38 U.S.C. § 4318(a)(1), that a right provided under any Federal law governing pension benefits for governmental employees shall be determined by that section (unless precluded by 38 U.S.C. § 4302(a) because the other law provides greater rights or benefits)?”
4. “Are all periods of uniformed service while in a status included in the definition of ‘service to the uniformed services’ at 38 U.S.C. § 4303(13) eligible for the pension rights and benefits under USERRA?”
5. “Should a Court of Appeals be authorized to reframe a contention in the public opinion in a manner that conceals the actual complaint and the law on which a contention is based?”
6. “Where does the burden of proof lie in a USERRA case brought forward against a federal government agency under 38 U.S.C. § 4312-4318?”
