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News from the Federal Circuit Archives

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.

News from the Federal Circuit: MSPB Unsuitability Removal Jurisdiction Affirmed

News from the Federal Circuit:  In Archuleta v. Hopper, ___ F.3d ___, Fed. Cir. No. 2013-3177 (December 8, 2014), a unanimous three-judge panel of the U.S. Court of Appeals for the Federal Circuit upheld the holding of the Merit Systems Protection Board (MSPB) that a removal of a non-probationary employee for unsuitability is an appealable adverse action indistinguishable for all other removals.  In doing so, the Federal Circuit upheld the MSPB's holding in the Aguzie/Barnes line of cases, previously analyzed by Passman & Kaplan in the Federal Legal Corner.

News from the Federal Circuit: Court Retains Jurisdiction for Settlement Breach

News from the Federal Circuit: In Cunningham v. United States, No. 2013-5055 (4/9/14), the U.S. Court of Appeals for the Federal Circuit held that the Court of Federal Claims had jurisdiction over breach of a settlement agreement claims, and can award money damages to the claimant, despite other avenues for redress of the breach.

News from the Federal Circuit: 'Sensitive' Employees' MSPB Rights Cut

News from the Federal Circuit:  On August 20, 2013, the U.S. Court of Appeals for the Federal Circuit issued its en banc decision in Kaplan v. Conyers and MSPB, Case No. 2011-3207.  Passman & Kaplan previously analyzed Conyers in this blog and in its Federal Legal Corner. 

News from the Federal Circuit: No Fees in FAA Back Pay Cases

News from the Federal Circuit:  On August 5, 2013, the U.S. Court of Appeals for the Federal Circuit issued its decision in Gallo v. Department of Transportation, Case No. 2011-3094.  The Court created a major new hurdle to Federal Aviation Administration (FAA) employees seeking the award of back pay, specifically holding that the Federal Circuit lacks the authority to award attorneys' fees and costs in FAA back pay cases.

News from the Federal Circuit: Whistleblower Protection Clarified

News from the Federal Circuit: On April 26, 2013, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in MacLean v. Department of Homeland Security, Case No. 2011-3231.  This decision is the latest in the long-running MacLean case, which was previously analyzed by Passman & Kaplan, P.C. in the Federal Legal Corner.  

News from the Federal Circuit: Mixed Case Procedure Muddied!

News from the Federal Circuit:  On April 18, 2013, a panel of the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Conforto v. Merit Systems Protection Board, Case No. 2012-3119.  Conforto is one of the first Federal Circuit decisions applying the Supreme Court's unanimous decision in Kloeckner v. Solis (previously analyzed in detail in this blog). Kloeckner had directed that all mixed cases appealed from the Merit Systems Protection Board (MSPB) were to be filed solely in a  federal district court and not with the Federal Circuit appellate court.  In an apparent rejection of the Supreme Court's Kloeckner framework, the Federal Circuit panel excluded a category of mixed cases from the Kloeckner framework  --  those where the Board finds it has no jurisdiction  --  and declared that appeals from MSPB in those cases should be filed in the Federal Circuit.

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