Case law

Opinions from 1658 to today.

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  • Christopher Gulyas v. Department of the Navy

    Merit Systems Protection Board · Jun 28, 2024

    See Lambert v. … The Board has regularly held that a lack of candor, particularly when involved with other misconduct, can support a removal. See Smith v.

    Cited 0 timesUnpublished
  • Joseph P. Carson v. Department of Energy

    Merit Systems Protection Board · Jul 20, 2015

    Ellison v. Merit Systems Protection Board, 7 F.3d 1031, 1037 (Fed. Cir. 1993). … Carson v. Merit Systems Protection Board, MSPB Docket No.

    Cited 0 timesUnpublished
  • James Markey v. James Markey

    Merit Systems Protection Board · May 17, 2023

    1 Petitioner, v. … . ¶7 The Board consistently has held that a case is moot when the issues it raises are no longer live. See Gregory v. U.S. Postal Service, 91 M.S.P.R. 52, ¶ 6 (2002); Currier v. U.S.

    Cited 0 timesUnpublished
  • Charles Adams v. Department of Defense

    Merit Systems Protection Board · Jan 5, 2023

    Corpuz v. … Upshaw v.

    Cited 0 timesUnpublished
  • Deborah Mouton-Miller v. Department of Homeland Security

    Merit Systems Protection Board · Sep 11, 2024

    Rather, the Board will weigh the factors together to determine whether the evidence is clear and convincing as a whole. Lu v. … Diggs v.

    Cited 0 timesUnpublished
  • Jean Francis v. Department of Labor

    Merit Systems Protection Board · Mar 24, 2016

    v. … Rather, the Board in Savage reaffirmed that it will adhere to the test set forth in Mt. Healthy City School District Board of Education v.

    Cited 0 timesUnpublished
  • Tarek M. Eisa v. Social Security Administration

    Merit Systems Protection Board · Jul 2, 2015

    Burgess v. Merit Systems Protection Board, 758 F.2d 641, 643-44 (Fed. Cir. 1985); Blount, 109 M.S.P.R. 174, ¶ 7. … Moreover, the issue of jurisdiction is always before the Board and may be raised by any party or by the Board on its own motion at any time during Board proceedings. Coradeschi v.

    Cited 0 timesUnpublished
  • M. Carmen Luna v. Department of Veterans Affairs

    Merit Systems Protection Board · Apr 29, 2015

    Grassell v. … McNeil v.

    Cited 0 timesUnpublished
  • Walter Essex v. Department of Veterans Affairs

    Merit Systems Protection Board · Jun 11, 2015

    See Johnson v. Department of Justice, 104 M.S.P.R. 624, ¶ 21 (2007) (the Board may consider only those charges of whistleblowing that the appellant raised before OSC); see also Schmittling v. … See Kinler v.

    Cited 0 timesUnpublished
  • Leo D. Washington v. Department of Veterans Affairs

    Merit Systems Protection Board · May 29, 2015

    . ¶6 The Board’s jurisdiction is limited to those matters over which it has been given jurisdiction by law, rule or regulation. Maddox v. Merit Systems Protection Board, 759 F.2d 9, 10 (Fed. Cir. 1985). … . § 2302(b) are not independent sources of Board jurisdiction. See Wren v. Department of the Army, 2 M.S.P.R. 1, 2 (1980), aff’d, 681 F.2d 867, 871-73 (D.C. Cir. 1982); see also Latham v. U.S.

    Cited 0 timesUnpublished
  • Kiera N. Johnson v. Social Security Administration

    Merit Systems Protection Board · Sep 1, 2015

    Avansino v. U.S. Postal Service, 3 M.S.P.R. 211, 214 (1980); see Banks v. Department of the Air Force, 4 M.S.P.R. 268, 271 (1980). … However, the issue of the Board’s jurisdiction is always before it, and may be raised by either party or sua sponte by the Board any time during a Board proceeding. Zajac v.

    Cited 0 timesUnpublished
  • Denise Nunnery v. Department of Agriculture

    Merit Systems Protection Board · Jun 9, 2016

    v. … Mauldin v. U.S.

    Cited 0 timesUnpublished
  • Ervin Lucero v. Department of Commerce

    Merit Systems Protection Board · May 25, 2023

    Evans v. … Salerno v. Department of Interior, 123 M.S.P.R. 230, ¶ 5 (2016). The Board’s jurisdiction over IRA appeals does not extend to claims arising under subsection (A)(ii). Mudd v.

    Cited 0 timesUnpublished
  • Nathaniel Willingham v. Department of the Navy

    Merit Systems Protection Board · Jul 31, 2024

    See Hudson v. … by the Board at any time during Board proceedings, see Lovoy v.

    Cited 0 timesUnpublished
  • Harris L. Winns v. United States Postal Service

    Merit Systems Protection Board · May 7, 2015

    Harrell v. U.S. … Matthews v. U.S.

    Cited 0 timesUnpublished
  • Penny Seward v. Department of Veterans Affairs

    Merit Systems Protection Board · Jun 21, 2023

    See Martin v. … The Board lacks authority to add terms to an agreement that were not agreed upon by both parties. Murphy v. U.S.

    Cited 0 timesUnpublished
  • Christopher Freeman v. Department of Veterans Affairs

    Merit Systems Protection Board · Feb 8, 2023

    Scott v. … See Willingham v.

    Cited 0 timesUnpublished
  • McCarthy Barnes, Jr. v. Department of Defense

    Merit Systems Protection Board · Feb 4, 2016

    Court of Appeals for the Federal Circuit, where the court reversed the Board’s decision and remanded the appeal for further proceedings. Barnes v. Merit Systems Protection Board, No. 2015-3018 (Fed. Cir. … The Board has upheld the denial of extensions of discovery deadlines in similar circumstances. See, e.g., Fisher v.

    Cited 0 timesUnpublished
  • Gregory M. Rice v. Department of Veterans Affairs

    Merit Systems Protection Board · Aug 7, 2015

    See Carrow v. Merit Systems Protection Board, 564 F.3d 1359, 1364 (Fed. Cir. 2009); Barrand v. Department of Veterans Affairs, 112 M.S.P.R. 210, ¶¶ 8-10, review dismissed, 370 F. App’x 85 (Fed. … that an agency error in notifying an appellant of a right to a Board appeal does not serve to confer jurisdiction on the Board. 3 Miles-Townsend v.

    Cited 0 timesUnpublished
  • Christopher R. Chin-Young v. Department of Transportation

    Merit Systems Protection Board · Sep 1, 2015

    Ward v. Merit Systems Protection Board, 981 F.2d 521, 526 (Fed. … Smith v.

    Cited 0 timesUnpublished

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