United States Federal Circuit

Under United States v. Fausto, 484 US 439 (1988), only the Merit Systems Protection Board, and not the Court of Federal Claims, has authority to review removals of federal employees, so federal district courts lack subject matter jurisdiction to decide claims under the Back Pay Act, 5 USC 5596.

Appellate Information

• Decided 06/28/2001
• Published 06/28/2001

Judges

• FRIEDMAN, Senior Circuit Judge., Before MAYER, Chief Judge, FRIEDMAN, Senior Circuit Judge, and RADER, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Sheldon I. Cohen,Sheldon I. Cohen & Associates, of Arlington, VA, argued for plaintiff-appellant.   On the brief was Hugh J. McGavick, Law Office of Hugh J. McGavick, of Olympia, WA.


• For Appellees:
  
• Lara Levinson, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee.   On the brief were David M. Cohen, Director;  Kathryn A. Bleecker, Assistant Director;  and Richard P. Schroeder, Trial Attorney.