United States Federal Circuit

The Merit Systems Protection Board acted permissibly and lawfully in adopting the "substantially innocent" standard in 5 U.S.C. section 1204(m)(1) cases, for awarding attorney fees to a prevailing employee in response to charges made by the Office of Special Counsel.

Appellate Information

• Decided 05/13/2003
• Published 05/13/2003

Judges

• PROST, Circuit Judge., Before LINN, DYK, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Patricia M. McCarthy, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for petitioner.   With her on the brief was David M. Cohen, Director.   Of counsel on the brief were Steven E. Abow, Deputy Assistant General Counsel, and David T. Truong, Attorney, Office of General Counsel, Office of Personnel Management, of Washington, DC.


• For Appellees:
  
• William L. Bransford, Shaw, Bransford, Veilleux & Roth, of Washington, DC, argued for respondents Frank Santella and Joseph Jech. With him on the brief was Diana J. Veilleux., Calvin M. Morrow, Attorney, Office of the General Counsel, Merit Systems Protection Board, of Washington, DC, argued for respondent Merit Systems Protection Board.   With him on the brief was Martha B. Schneider, Acting General Counsel.