United States Ninth Circuit

Dismissal of an action brought by plaintiff, a former Postal Service employee against defendant-Postal Service is: 1) reversed in part, where the Tucker Act's grant of jurisdiction to the Court of Federal Claims to hear contract claims against the United States Postal Service seeking more than $10,000 in damages is concurrent with the independent grant of jurisdiction to the United States district courts under the Postal Reorganization Act; but 2) affirmed on alternative grounds, where plaintiff failed to state a claim that would entitle her to relief, she failed to comply with the Federal Tort Claims Act, and the district court properly dismissed the plaintiff's claims of retaliation and hostile work environment as barred by res judicata; and 3) affirmed in part as to the dismissal of the plaintiff's derivative claims against the Internal Revenue Service and the California Franchise Tax Board.

Appellate Information

• Decided 07/09/2013
• Published 07/09/2013

Judges

• THOMAS

Court

• United States Ninth Circuit

Counsel