Case law

Raymond Justis v. Department of Agriculture

Merit Systems Protection Board · Jan 23, 2023

JUSTIS, DOCKET NUMBER Appellant, PH-0752-16-0188-I-1 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. ____ , 137 S.

Whitney Baillie v. Department of Energy

Merit Systems Protection Board · May 26, 2022

Hessami v. Merit Systems Protection Board, 979 F.3d 1362, 1368-69 (Fed. Cir. 2020). … Smolinski v. Merit Systems Protection Board, 23 F.4th 1345, 1351-52 (Fed. Cir. 2022).

Allison McDade v. Department of the Navy

Merit Systems Protection Board · Jun 23, 2015

See Gajdos, 121 M.S.P.R. 361, ¶¶ 14, 18; see also Cleveland Board of Education v. Loudermill, 470 U.S. 532, 546 (1985); Ronso v. … See Crosby v. U.S.

Daniel Floyd Rivers v. Office of Personnel Management

Merit Systems Protection Board · Feb 6, 2015

v. … See Crosby v. U.S.

Patricia Buggs v. Department of Health and Human Services

Merit Systems Protection Board · May 16, 2024

interlocutory appeals in Jolley v. … The administrative judge dismissed the appellant’s appeal about a month prior to the Board resolving the Lucia issue. I-5 ID at 1; see McClenning v.

Danny Lee v. Social Security Administration

Merit Systems Protection Board · Mar 26, 2024

v. … Peartree v. U.S. Postal Service, 66 M.S.P.R. 332, 336-37 (1995) (quoting Allen v. McCurry, 449 U.S. 90, 94 (1980)).

Kenneth M. Pedeleose v. Department of Defense

Merit Systems Protection Board · Jan 22, 2015

See Meier v. … Rather, the Board will weigh the factors together to determine whether the evidence is clear and convincing as a whole. See, e.g., Yunus v.

Ursula Clyde-Craft v. Department of Veterans Affairs

Merit Systems Protection Board · Feb 6, 2024

v. … Cir. 2017); Holleman v. Merit Systems Protection Board, 629 F. App’x 942, 946 (Fed.

Kashif A. Rasheed v. Department of Transportation

Merit Systems Protection Board · Aug 4, 2014

and employee, Connett v. … See Oliver v.

Danny Smith v. Department of the Treasury

Merit Systems Protection Board · Jun 14, 2024

The Board must give “special deference” to an administrative judge’s demeanor-based credibility determinations, “[e]ven if demeanor is not explicitly discussed.” Purifoy v. … Defense Intelligence Agency v. Department of Defense , 122 M.S.P.R. 444, ¶ 15 (2015); Parker v.

Gloria Kirk v. Department of Veterans Affairs

Merit Systems Protection Board · May 28, 2024

v. … See Livingston v.

Patricia E. Hubbard v. United States Postal Service

Merit Systems Protection Board · Nov 25, 2014

See Latham v. U.S. … Bynum v. U.S. Postal Service, 112 M.S.P.R. 403, ¶ 23 (2009), aff’d, 382 F. App’x 934 (Fed. Cir. 2010).

Mark Manor v. Department of the Army

Merit Systems Protection Board · Aug 31, 2015

See Leaton v. … See Banks v.

Judy Hartman v. Department of the Navy

Merit Systems Protection Board · Jun 17, 2024

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).

Rosemary Irving v. Office of Personnel Management

Merit Systems Protection Board · Jul 13, 2022

For example, Newman v. Teigeler, 898 F.2d 1574 (Fed. … Sofio v.

Sara Gauff v. Department of Veterans Affairs

Merit Systems Protection Board · May 13, 2024

v. … See McNamee v.

DeGerald R. Wilson v. Department of the Army

Merit Systems Protection Board · Sep 26, 2014

ID at 9-10; see also Burroughs v. … Cir. 2013); McKay v. U.S.

Leroy Stinson v. Department of the Army

Merit Systems Protection Board · Feb 26, 2015

v. … The Board will not find reversible error in an administrative judge’s discovery rulings absent an abuse of discretion that prejudiced the appellant’s substantive rights. White v.

Nydia Y. Pacheco v. Department of Defense

Merit Systems Protection Board · Aug 19, 2014

As the Board observed early in its existence, “federal employment is not governed by contract principles . . . . Appointment, not contract law, is the central concept.” Bartel v. … See Pinat v. Office of Personnel Management, 931 F.2d 1544 (Fed.

Mareneo Santos v. Department of the Air Force

Merit Systems Protection Board · Jun 13, 2024

v. … Pridgen v. Office of Management and Budget, 2022 MSPB 31, ¶¶ 20-22, 30.