United States DC Circuit

In a suit brought by a congressional employee under the Congressional Accountability Act, the dispute over the timeliness of her request for counseling does not permit interlocutory review, due to the factbound character of that dispute and its overlap with the merits. Employer's appeal is therefore dismissed for lack of jurisdiction.

Appellate Information

• Argued 11/13/2008
• Decided 12/12/2008
• Published 12/12/2008

Judges

• Before:  GARLAND and BROWN, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• M. Stacey Bach, Senate Senior Counsel for Employment, Office of the Senate Sergeant at Arms, argued the cause for appellant.   With her on the briefs were Jean M. Manning, Senate Chief Counsel for Employment, and C. Patrick McMurray, Senate Assistant Counsel for Employment.


• For Appellees:
  
• Avi L. Kumin argued the cause for appellee.   With him on the brief were Debra S. Katz, Lisa J. Banks, and Daniel B. Edelman.