High Court Sends Judicial Pay Dispute Back To Fed. Circ.

Law360, New York (June 28, 2011, 3:55 PM EDT) -- A divided U.S. Supreme Court on Tuesday ordered the Federal Circuit to reconsider its decision to deny federal judges a cost-of-living pay raise, saying it wanted a more fleshed out ruling.

The Federal Circuit, which cited its own precedent and denied the judges' appeal in a five-page ruling last year, will have to say more on the matter of issue preclusion — how a past decision affects this case — the high court ruled in a 7-2 decision.

“The court considers it important that there be...
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