News from the Federal Circuit: Although the Merit Systems Protection Board (MSPB) continues without quorum, its chief reviewing court, the U.S. Court of Appeals for the Federal Circuit, has continued deciding federal sector adverse action cases. Recently, the Federal...
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News From The Federal Circuit
News from the Federal Circuit: New Adverse Action Decisions
News from the Federal Circuit: Although the Merit Systems Protection Board (MSPB) is currently shut down and without quorum, its chief reviewing court, the U.S. Court of Appeals for the Federal Circuit, has continued deciding federal sector adverse action...
News from the Federal Circuit: Delay Not Due Process Denial
News from the Federal Circuit: On August 24, 2018, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Villareal v. Bureau of Prisons, No. 2017-2275. The Court upheld Mr. Villareal's removal, finding no per se...
News from the Federal Circuit: FBI Whistleblower Appeal Rights Rejected
News from the Federal Circuit: On October 26, 2017, the U.S. Court of Appeals for the Federal Circuit issued its en banc decision rehearing in Parkinson v. Dept. of Justice, No. 2015-3066. In a split decision, the Court rejected an FBI employee's ability to raise a...
News from the Federal Circuit: Part of DVA SES Discipline Law Struck Down
News from the Federal Circuit: On May 9, 2017, the U.S. Court of Appeals for the Federal Circuit issued its decision in Helman v. Dept. of Veterans Affairs, No. 2015-3086. The Court struck down part of the statute for expedited removals of Department of...
News from the Federal Circuit: Delay Leaves Settlement Unenforced
News from the Federal Circuit: On December 27, 2016, the U.S. Court of Appeals issued its decision in Gallegos v. Dept. of Health and Human Services, Case No. 2016-2120. A divided panel refused to enforce a breached clean record settlement agreement...
News from the Federal Circuit: WPA: Independent Causation Standard
News from the Federal Circuit: On December 2, 2016, a divided panel of the U.S. Court of Appeals for the Federal Circuit issued its decision in Miller v. Dept. of Justice, No. 2015-3149. The court reversed the decision of the Merit Systems Protection Board (MSPB),...
News from the Federal Circuit: Joint Employer USERRA Claims
News from the Federal Circuit: On August 25, 2016, the Court of Appeals for the Federal Circuit issued its decision in Estes v. Merit Systems Protection Board, No. 2016-1081. Although the court rejected Mr. Estes' appeal, it adopted the MSPB's precedent in...
News from the Federal Circuit: FBI Whistleblower Case
News from the Federal Circuit: On August 8, 2016, the U.S. Court of Appeals for the Federal Circuit granted the Department of Justice's motion for en banc rehearing in Parkinson v. Dept. of Justice, No. 2015-3066. The court vacated the panel's decision below, and now...
News from the Federal Circuit: New WPEA Protection Clarified
News from the Federal Circuit: On June 7, 2016, the U.S. Court of Appeals for the Federal Circuit issued its precedential decision in Rainey v. Merit Systems Protection Board, No. 2015-3234. The Federal Circuit limited the application of a whistleblower...