Case law

Opinions from 1658 to today.

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  • Nikesha Williams v. Department of Defense

    2023 MSPB 23 · Merit Systems Protection Board · Aug 17, 2023

    Hessami v. Merit Systems Protection Board, 979 F.3d 1362, 1369 (Fed. … Johnston v. Merit Systems Protection Board, 518 F.3d 905, 911 (Fed. Cir. 2008) (emphasis added) (quoting Reid v. Merit Systems Protection Board, 508 F.3d 674, 678 (Fed. Cir. 2007)).

    Cited 15 timesPublished
  • LaDonna Collier v. Small Business Administration

    2024 MSPB 13 · Merit Systems Protection Board · Oct 29, 2024

    In so doing, we overrule one aspect of the Board’s decision in Mc Corcle v. … Court of Appeals for the Federal Circuit), within 30 calendar days after you receive this decision. 5 U.S.C. § 7703(b)(2); see Perry v. Merit Systems Protection Board, 582 U.S. 420 (2017).

    Cited 5 timesPublished
  • Rosemary Jenkins v. United States Postal Service

    2023 MSPB 8 · Merit Systems Protection Board · Feb 27, 2023

    See Hau v. … Bryant v. Merit Systems Protection Board, 878 F.3d 1320 (Fed.

    Cited 2 timesPublished
  • Vera Davis-Clewis v. Department of Veterans Affairs

    2024 MSPB 5 · Merit Systems Protection Board · Mar 20, 2024

    Doe v. … She cites Free Enterprise Fund v. Public Company Accounting Oversight Board , 561 U.S. 477 (2010), and Jarkesy v.

    Cited 2 timesPublished
  • Jeremiah White v. Department of the Army

    2023 MSPB 17 · Merit Systems Protection Board · May 3, 2023

    Dyer v. … Day v.

    Cited 3 timesPublished
  • Brian Austin v. Department of Justice

    2025 MSPB 3 · Merit Systems Protection Board · Mar 7, 2025

    Consequently, FBI employees are unable to bring an IRA appeal before the Board under 5 U.S.C. § 1221. 3 Parkinson v. Department of Justice, 874 F.3d 710, 713-14 (Fed. Cir. 2017) (en banc); Patterson v. … See Burgess v. Merit Systems Protection Board, 758 F.2d 641, 643-44 (Fed.

    Cited 1 timesPublished
  • John Doe v. Department of State

    2022 MSPB 38 · Merit Systems Protection Board · Nov 29, 2022

    AID at 4-5; see Marques v. … See Russo v.

    Cited 2 timesPublished
  • Franklin Martin v. United States Postal Service

    2022 MSPB 22 · Merit Systems Protection Board · Jul 20, 2022

    Russo v. … See Cerge v.

    Cited 8 timesPublished
  • Rosemary Jenkins v. US Postal Service

    2025 MSPB 6 · Merit Systems Protection Board · Dec 1, 2025

    Jenkins v. U.S. Postal Service, MSPB Docket No. DC-0752-11-0867-I-2, Petition for Review File, Tab 1. ¶8 While that petition for review was pending, the Board issued its decision in Abbott v. U.S. … Cronin v. U.S. Postal Service, 2022 MSPB 13, ¶ 14 (citing Bledsoe v. Merit Systems Protection Board, 659 F.3d 1097 (Fed. Cir. 2011)).

    Cited 2 timesPublished
  • Macaulay Williams v. Department of Commerce

    2024 MSPB 8 · Merit Systems Protection Board · Apr 23, 2024

    The Board’s case law has previously suggested as much, see Savage v. Department of the Army, 122 M.S.P.R. 612, ¶ 31 (2015), overruled in part on other grounds by Pridgen v. … E.g., Byers v. U.S.

    Cited 13 timesPublished
  • Katherine Coffman v. Special Counsel

    2022 MSPB 18 · Merit Systems Protection Board · Jun 29, 2022

    Yorkshire v. Merit Systems Protection Board, 746 F.2d 1454, 1457 (Fed. Cir. 1984). … Krafsur v.

    Cited 2 timesPublished
  • Christopher Andreski v. Department of Justice

    2024 MSPB 10 · Merit Systems Protection Board · May 30, 2024

    E.g., Kerr v. Merit Systems Protection Board, 908 F.3d 1307, 1315 (Fed. … We find that this is inapplicable here because the Board has jurisdiction over an IRA appeal if the appellant establishes the jurisdictional requirements. See McCray v.

    Cited 2 timesPublished
  • Special Counsel ex rel. Dale Klein v. Department of Veterans Affairs

    2017 MSPB 6 · Merit Systems Protection Board · Jun 19, 2017

    Dale Klein, Petitioner, v. … Dale Klein v. Department of Veterans Affairs, MSPB Docket Nos.

    Cited 1 timesPublished
  • Cathy Covington v. Department of the Interior

    2023 MSPB 5 · Merit Systems Protection Board · Jan 13, 2023

    Oram v. Merit Systems Protection Board, No. 2021-2307, 2022 WL 866327 (Fed. Cir. … See Reid v. Merit Systems Protection Board, 508 F.3d 674, 678 (Fed.

    Cited 37 timesPublished
  • Robert M. Miller v. Federal Deposit Insurance Corporation

    2014 MSPB 83 · Merit Systems Protection Board · Nov 6, 2014

    The administrative judge dismissed this appeal without prejudice to refiling pending the Board’s decision in Hooker v. … Ellison v. Merit Systems Protection Board, 7 F.3d 1031, 1037 (Fed. Cir. 1993); see Ward v. Merit Systems Protection Board, 981 F.2d 521, 526 (Fed. Cir. 1992).

    Cited 2 timesPublished
  • Calvin Turner v. Department of Agriculture

    2023 MSPB 25 · Merit Systems Protection Board · Aug 30, 2023

    The Board, as well as the U.S. Court of Appeals for the Federal Circuit (Federal Circuit), broadly have held that NAF employees have no right to file IRA appeals with the Board. See Clark v. … (quoting Reid v. Merit Systems Protection Board, 508 F.3d 674, 678 (Fed. Cir. 2007)).

    Cited 13 timesPublished
  • Joyce M. Delorme v. Department of the Interior

    2017 MSPB 2 · Merit Systems Protection Board · Jan 4, 2017

    However, the Board added that requirement in Shaw v. Department of the Navy, 39 M.S.P.R. 586, 590-91 (1989), overruled on other grounds by Joyce v. … See Aldridge v.

    Cited 1 timesPublished
  • Floretta Hardmon v. Department of Veterans Affairs

    Merit Systems Protection Board · Jan 27, 2023

    . ¶6 The appellant bears the burden of proving by preponderant evidence that the matter she is appealing is within the Board’s authority to review. Brown v. U.S. … Brown, 115 M.S.P.R. 609, ¶ 15; Miller v. Department of Defense, 85 M.S.P.R. 310, ¶ 32 (2000).

    Cited 0 timesUnpublished
  • Timothy Schultz v. Department of Veterans Affairs

    2022 MSPB 23 · Merit Systems Protection Board · Jul 22, 2022

    See Phillips v. Department of the Navy, 114 M.S.P.R. 19, ¶ 21 (2010); Walker v. Department of the Army, 104 M.S.P.R. 96, ¶ 18 (2006); see also Marshall v. … IAF, Tab 5 at 11; see Gingery v.

    Cited 2 timesPublished
  • Joyce M. Delorme v. Department of the Interior

    2017 MSPB 2 · Merit Systems Protection Board · Jan 4, 2017

    However, the Board added that requirement in Shaw v. Department of the Navy, 39 M.S.P.R. 586, 590-91 (1989), overruled on other grounds by Joyce v. … See Aldridge v.

    Cited 1 timesPublished

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