Case Summaries: Federal Circuit Summaries

Newsletter Volume: 
Newsletter - January 2004
January

Federal Circuit Affirms Finding that Employee was Not Entitled to Waiver of Filing Deadline

Mclaughlin v. Office of Pers. Mgmt., No. 03-3049 (Fed Cir. Jan. 6, 2004).

Because substantial evidence supports the Merit Systems Protection Board's conclusion that plaintiff was not mentally incompetent during the one-year statutory filing period prescribed by 5 U.S.C. Sec. 8453, its decision that she is not entitled to a waiver of the deadline is affirmed. To read this opinion, go to: http://laws.lp.findlaw.com/fed/033049.html.

Newsletter Volume: 
Newsletter - January 2004
January

Overreaching Findings and Decision by Arbitrator Mandates Reversal

James v. Dale, No. 03-3030 (Fed Cir. January 26, 2004).

In reversing the removal of defendant from the INS as a border patrol agent, because an arbitrator abused his discretion by substituting his own charge for that of the INS and applied the wrong standard to determine whether defendant's associate was a "suspected narcotics law violator," the arbitrator's decision is reversed. To read this opinion, go to: http://laws.lp.findlaw.com/fed/ 033030.html.

Newsletter Volume: 
Newsletter - January 2004
January

Prior Law is Not Unconstitutional in Light of Amendment

Howard v. United States, No. 03-1338 (Fed. Cir. Jan. 13, 2004), Clevenger, J, Bryson, and Gajarsa joined in this per curiam decision).

The congressional decision to change a statute to allow disabled military veterans to collect both military retirement pay and disability compensation, did not render the pre-amendment statute irrational and violative of the plaintiffs= equal protection rights. The Federal Circuit affirmed its prior holding, finding that the preamendment statute was rationally related to the legitimate governmental interest of limiting public expenditures for certain federal retirees.

Newsletter Volume: 
Newsletter - January 2004
January