extending decision in Thompson to breach of contract action, rather than tort
How later courts described this case
- extending decision in Thompson to breach of contract action, rather than tort
- extending Thompson to breach of contract claims
- CMPA precludes action alleging breach of collective bargaining agreement
- claim for breach of collective bargaining agreement preempted by CMPA
Written by the judges who cited it.
The opinion
ROGERS, Chief Judge,
concurring:
I write separately to indicate that while I agree that District of Columbia v. Thompson, 593 A.2d 621 (D.C.1991) (on petition for rehearing), is dispositive of the instant appeal, to the extent that Thompson relies on Newman v. District of Columbia, 518 A.2d 698, 706 (D.C.1986) (Rogers, J., dissenting in part), see Thompson, supra, 593 A.2d at 630-31 ; District of Columbia v. Thompson, 570 A.2d 277, 286-87 (D.C.1991), I remain of the view that Newman is wrongly decided. The awkwardness of the legislative analysis of the Comprehensive Merit Personnel Act in Thompson, supra, 593 A.2d at 630-31 (parts of one comprehensive statute treated as two separate statutes), derives partly from Newman .