Fed. Circ. Says It Can Take Cases Outside MSPB Jurisdiction

Law360, New York (April 18, 2013, 6:14 PM EDT) -- Federal workers can appeal U.S. Merit Systems Protection Board decisions in the Federal Circuit if the agency determines it lacks jurisdiction, the appeals court held Thursday in dismissing a retired Navy employee's discrimination suit.

In a split decision, a three-judge panel ruled that it had the authority to hear an appeal brought by Marie C. Conforto whose complaint alleging she was pressured to retire from the Navy was dismissed by the MSPB. The board had found that it lacked jurisdiction to hear Conforto's case because she...
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