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News from the Federal Circuit Archives

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 Veterans Affairs (DVA) Senior Executive Service (SES) employees as unconstitutional, but left much of the statute in place.

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 provision because of the delay in seeking enforcement.

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), and held that the Agency had failed to prove "independent causation" for Mr. Miller's reassignments. 

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 holding that federal contractors could raise "joint employer" claims under USERRA against the federal government.

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 the entire Federal Circuit will decide on the scope of whistleblower reprisal protections for FBI employees.

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 protection statute.

News from the Federal Circuit: MSPB Appeals & Title 42 Employees

News from the Federal Circuit: On May 11, 2016, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Lal v. Merit Systems Protection Board, No. 2015-3140, holding that a category of employees at the Department of Health and Human Services (HHS) had the right to appeal adverse actions to the Merit Systems Protection Board (MSPB).

News from the Federal Circuit: WPEA Retroactivity Decision

News from the Federal Circuit:  On March 22, 2016, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Hicks v. Merit Systems Protection Board, No. 2016-1091.  While rejecting Ms. Hicks' appeal, the Federal Circuit followed the retroactivity analysis used by the Merit Systems Protection Board (MSPB) in its earlier decisions concerning the Whistleblower Protection Enhancement Act (WPEA), leaving the door open to some WPEA provisions retaining retroactive coverage.

News from the Federal Circuit: Untimely Appeal Filing Excused

News from the Federal Circuit:  On February 18, 2015, a panel of the U.S. Court of Appeals for the Federal Circuit issued a precedential split decision in Herring v. Merit Systems Protection Board, ___  F.3d ___, No. 2013-3170.  The majority found 'good cause' to excuse Ms. Herring's untimely filing of her Merit Systems Protection Board (MSPB) appeal, based on delays by Ms. Herring's law firm.

News from the Federal Circuit: No Breach of ADR Confidentiality Claim

News from the Federal Circuit: On January 14, 2015, a panel of the U.S. Court of Appeals for the Federal Circuit issued its decision in Higbie v. U.S., __F.3d__, No. 2014-5042.  The panel, 2-1, rejected Higbie's claim that violations of the mediation confidentiality agreement from a federal-sector EEO complaint mediation should give rise to breach-of-contract remedies under the Tucker Act.

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