‘Mixed-case’ appeals must be heard by district court 
By:
Kimberly Atkins
Published: December 10, 2012
Tags: employment discrimination, Merit Systems Protection Board, mixed-case, retaliation, U.S. Supreme Court
A federal employee seeking judicial review of a Merit Systems Protection Board decision dismissing an employment related “mixed-case” appeal must go to district court, not the Federal Circuit, the U.S. Supreme Court has unanimously ruled.
Justices ponder where fired federal workers can appeal
By:
Kimberly Atkins
Published: October 3, 2012
Tags: appeals, Civil Service Reform Act, Department of Labor, Equal Employment Opportunity Commission, federal employees, Merit Systems Protection Board, U.S. Supreme Court
WASHINGTON – Sometimes employment litigation is complicated, so much so that the parties and judges can’t even agree on which court has jurisdiction to hear an appeal.
Justices: Federal workers’ constitutional claims barred
Published: June 11, 2012
Tags: Civil Service Reform Act, Employment Law, federal jurisdiction, Merit Systems Protection Board, Supreme Court
The Merit Systems Protection Board provides the exclusive avenue of judicial review for federal employees’ adverse employment action challenges, even when those employees argue that a federal statute is unconstitutional, the U.S. Supreme Court has ruled.
FEDERAL EMPLOYEES
Published: June 11, 2012
Tags: Civil Service Reform Act, Employment Law, federal jurisdiction, Merit Systems Protection Board, Supreme Court
The Merit Systems Protection Board provides the exclusive avenue of judicial review for federal employees’ adverse employment action challenges, even when those employees argue that a federal statute is unconstitutional.
See “Justices: Federal workers’ constitutional claims barred”
U.S. Supreme Court. Elgin v. U.S. Dept. of the Treasury,
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Court considers jurisdiction for MSPB appeals
Published: January 18, 2012
Tags: appeal, employment discrimination, jurisdiction, Merit Systems Protection Board, Supreme Court
The U.S. Supreme Court has agreed to decide whether the Federal Circuit or district courts have jurisdiction to hear the appeal of a Merit Systems Protection Board decision that contains disputed termination and unlawful discrimination claims.
EMPLOYMENT LAW
Published: January 13, 2012
Tags: appeal, employment discrimination, jurisdiction, Merit Systems Protection Board, Supreme Court
Does the Federal Circuit or district courts have jurisdiction to hear the appeal of a Merit Systems Protection Board decision that contains both disputed termination and unlawful discrimination claims?
See “Court considers jurisdiction for MSPB appeals”
Kloeckner v. Solis, No. 11-184.Certiorari granted: Jan. 13, 2012. Ruling
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