Blog About: Slattery v. Dep't of Justice

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(U.S. Fed. Cir., Administrative Law, Government Law, Labor & Employment Law) Decision of the Merit Systems Protection Board dismissing, for lack of jurisdiction, petitioner's challenge to the General Services Administration's refusal to hire him is affirmed where: 1) the record shows that the agency's reason for not hiring petitioner had nothing to do with the Outstanding Scholar Program, but was based on the agency's conclusion that he was not suitable for the position that he sought; and 2) the government's motion to vacate and remand is denied as the case is not moot as there continues to be a live controversy between the parties over whether the Administration's treatment of petitioner violated Part 300 of Title 5 of the Code of Federal Regulati...

(U.S. Fed. Cir., Administrative Law, Civil Procedure, Government Benefits, Health Law, Labor & Employment Law) Judgment of the Merit Systems Protection Board dismissing an appeal from the Office of Personnel Management's (OPM) denial of an application for federal employee's disability retirement annuity benefits is affirmed as petitioner's failure even to respond to an administrative judge's order directing her to "file evidence and argument demonstrating that the appeal was timely filed or that good cause exists for the delay" justified the administrative judge's dismissal of the appeal as untimely. Nyunt v. Chairman, Broadcasting Bd. of Gov'rs.