Case law

Opinions from 1658 to today.

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  • Lisa J. Hess v. United States Postal Service

    2016 MSPB 40 · Merit Systems Protection Board · Nov 18, 2016

    West v. … Rosso v.

    Cited 1 timesPublished
  • Kristopher Kelly v. Tennessee Valley Authority

    2024 MSPB 1 · Merit Systems Protection Board · Jan 5, 2024

    We have not granted that request, however, and the Board’s decision in Kelly v. Tennessee Valley Authority, MSPB Docket No. … See Clay v.

    Cited 2 timesPublished
  • Richard Schweinler v. Office of Personnel Management

    Merit Systems Protection Board · Feb 25, 2016

    v. … Brown v. Office of Personnel Management, 51 M.S.P.R. 261, 263 (1991). If OPM completely rescinds its final decision, the Board no longer retains jurisdiction over the appeal. Redmond v.

    Cited 0 timesUnpublished
  • James Patrick Pierotti v. Office of Personnel Management

    2016 MSPB 46 · Merit Systems Protection Board · Dec 27, 2016

    In determining whether living expenses are “ordinary and necessary,” the Board applies a reasonable person test, regardless of the individual’s accustomed standard of living. Zelenka v. … When an appellant’s monthly expense exceeds his monthly income, the Board has reduced OPM’s repayment schedule to $5 a month. Knox v.

    Cited 1 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
  • James Patrick Pierotti v. Office of Personnel Management

    2016 MSPB 46 · Merit Systems Protection Board · Dec 27, 2016

    In determining whether living expenses are “ordinary and necessary,” the Board applies a reasonable person test, regardless of the individual’s accustomed standard of living. Zelenka v. … When an appellant’s monthly expense exceeds his monthly income, the Board has reduced OPM’s repayment schedule to $5 a month. Knox v.

    Cited 1 timesPublished
  • 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
  • Lisa J. Hess v. United States Postal Service

    2016 MSPB 40 · Merit Systems Protection Board · Nov 18, 2016

    West v. … Rosso v.

    Cited 1 timesPublished
  • Marnie Golden v. Department of Veterans Affairs

    2023 MSPB 19 · Merit Systems Protection Board · Jul 6, 2023

    ANALYSIS ¶5 The Board’s jurisdiction is limited to those matters over which it has been given jurisdiction by law, rule, or regulation. Maddox v. … See Francis v.

    Cited 2 timesPublished
  • Corey D. Stoglin v. Department of the Air Force

    2015 MSPB 43 · Merit Systems Protection Board · Jul 9, 2015

    See Rumsey v. Department of Justice, 120 M.S.P.R. 259, ¶ 11 (2013) (citing Weaver v. … Maddox v. Merit Systems Protection Board, 759 F.2d 9, 10 (Fed. Cir. 1985). Moreover, the issue of the Board’s jurisdiction is always before the Board and may be raised at any time. Ney v.

    Cited 1 timesPublished
  • Reynaldo Alvara v. Department of Homeland Security

    2014 MSPB 77 · Merit Systems Protection Board · Sep 29, 2014

    The Board certified the matter to the Special Panel because it found that, when ruling on this case in Petitioner v. … See Horner v. Merit Systems Protection Board, 815 F.2d 668, 671 (Fed. Cir. 1987).

    Cited 1 timesPublished
  • Jane Malloy v. Department of State

    2022 MSPB 14 · Merit Systems Protection Board · May 31, 2022

    Maddox v. Merit Systems Protection Board, 759 F.2d 9, 10 (Fed. Cir. 1985). … Lal v. Merit Systems Protection Board, 821 F.3d 1376, 1379-80 (Fed. Cir. 2016).

    Cited 3 timesPublished
  • Janie Young v. Department of Homeland Security

    2024 MSPB 18 · Merit Systems Protection Board · Dec 10, 2024

    Thomas v. … Wilson v.

    Cited 11 timesPublished
  • Sergio Luna v. Department of Homeland Security

    2024 MSPB 2 · Merit Systems Protection Board · Jan 10, 2024

    South Corp. v. United States, 690 F.2d 1368, 1369 (Fed. Cir. 1982) (en banc). These decisions of the U.S. Court of Claims are, in turn, binding on the Board. Social Security Administration v. … She reasoned that the appellant was urging her to add an additional condition to the Board’s holding in Haine, and that she was not free to do so. Id.; see Rose v.

    Cited 2 timesPublished
  • Jennifer J. Erlendson v. Department of Justice

    2014 MSPB 61 · Merit Systems Protection Board · Aug 4, 2014

    . § 2302(a)(2)(C)(ii), cannot file a USERRA appeal with the Board); 2 Hereford v. … See Mitchell v.

    Cited 1 timesPublished
  • Ross Vassallo v. Department of Defense

    2015 MSPB 8 · Merit Systems Protection Board · Jan 15, 2015

    Vassallo v. Department of Defense, 121 M.S.P.R. 70 (2014). … Furthermore, the Board cited to its decisions in Washburn v. Department of the Air Force, 119 M.S.P.R. 265 (2013), and Willingham v.

    Cited 2 timesPublished
  • Latisha Zepeda v. Nuclear Regulatory Commission

    2024 MSPB 14 · Merit Systems Protection Board · Oct 30, 2024

    Henderson v. … ID at 12-21. 16 ¶31 Following the issuance of the initial decision in this case, the Board issued Pridgen v.

    Cited 4 timesPublished
  • Constance A. West v. Department of Health and Human Services

    2015 MSPB 34 · Merit Systems Protection Board · Apr 30, 2015

    In such appeals, the merits of the agency’s decision are not before the Board. Hope v. Department of the Army, 108 M.S.P.R. 6, ¶ 7 (2008). … See Rivera v.

    Cited 1 timesPublished
  • Denise Davis v. Department of Defense

    2026 MSPB 5 · Merit Systems Protection Board · Jun 9, 2026

    Walls v. Merit Systems Protection Board, 29 F.3d 1578, 1583 (Fed. Cir. 1994). … The court in Lal relied on the reasoning in Todd v. Merit Systems Protection Board, 55 F.3d 1574 (Fed.

    Cited 0 timesPublished
  • Social Security Administration v. Gerald I. Krafsur

    2015 MSPB 55 · Merit Systems Protection Board · Oct 6, 2015

    See 5 U.S.C. § 504(a)(1); National Labor Relations Board v. Boyce, 51 M.S.P.R. 295, 299-300 (1991). … See, e.g., Turner v. National Transportation Safety Board, 608 F.3d 12, 13, 15-16 (D.C.

    Cited 1 timesPublished

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