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News from the Federal Circuit Archives

News from the Federal Circuit: OSC Brief in Conyers/Northover

News from the Federal Circuit: on March 14, 2013, the U.S. Office of Special Counsel (OSC) filed an amicus curiae ('friend of the court') brief in Berry, Director, Office of Personnel Management v. Conyers, Northover and Merit Systems Protection Board, Case No. 2011-3207, a case pending before the U.S. Court of Appeals for the Federal Circuit.   Passman & Kaplan previously analyzed Conyers/Northover, which currently awaits rehearing before the entire Federal Circuit, in this blog and in its Federal Legal Corner. 

News from the Federal Circuit: Sensitive Position Case Rehearing

News from the Federal Circuit:  On January 24, 2013, the U.S. Court of Appeals for the Federal Circuit vacated the August 17, 2012, decision of a three-judge panel of the Court in  Berry, Director, Office of Personnel Management v. Conyers, Northover and Merit Systems Protection Board, Case No. 2011-3207, and agreed to rehear the case before the entire Court (rehearing en banc). The issue is whether the Merit Systems Protection Board has jurisdiction over removal cases where the employee was removed for failure to remain eligible for a "critical sensitive" or "non-critical sensitive" position.

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