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News from the Courts Archives

News from the Courts: 5th Circuit Whistleblower Decision

News from the Courts: On August 24, 2015, the U.S. Court of Appeals for the 5th Circuit issued its decision in Aviles v. Merit Systems Protection Board, No. 14-60645.  Although it ultimately found against the employee, the 5th Circuit rejected several points of Federal Circuit whistleblower reprisal caselaw in the process.

News from the Courts: New Statute of Limitations Theory Rejected

News from the Courts:  On January 6, 2015, the U.S. Court of Appeals for the District of Columbia Circuit issued its decision in Howard, Megginson v. Pritzker,  ___ F.3d ___, Nos. 12-5370, 12-5392.   The Court rejected an attempt by the Department of Commerce (DOC) to impose a new statute of limitations on federal employees seeking to take their discrimination claims into federal district court.

News from the Courts: 9th Circuit Breaks With the Federal Circuit in Whistleblower Cases

News from the Courts:  On December 9, 2013, a panel of the U.S. Court of Appeals for the 9th Circuit issued its decision in Kerr v. Salazar, No. 12-35084.  The 9th Circuit took a strong position in opposition to the Federal Circuit's pre-2012 decisions restricting the definition of protected whistleblowing.

News from the Courts: EEOC Intake Form is Not a Timely Complaint

News from the Courts:  On February 5, 2013, a panel of the U.S. Court of Appeals for the D.C. Circuit upheld the dismissal of an EEO complaint in Dyson v. District of Columbia, Case No. 11-7146.  The court found that the employee's filing of an intake questionnaire with the Equal Employment Opportunity Commission (EEOC) was not enough to meet the statute of limitations for starting her EEO complaint, and so her lawsuit was dismissed as untimely.

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