United States Federal Circuit

Under 5 U.S.C. sections 7701 and 7512, involving adverse employment actions by federal agencies, once a claimant makes non-frivolous claims of Merit Systems Protection Board jurisdiction, then the claimant has a right to a hearing. At the hearing, the claimant must prove jurisdiction by a preponderance of the evidence or face dismissal.

Appellate Information

• Decided 02/10/2006
• Published 02/13/2006

Judges

• Before MICHEL, Chief Judge, NEWMAN, MAYER, LOURIE, Circuit Judges, CLEVENGER, Senior Circuit Judge, RADER, SCHALL, BRYSON, GAJARSA, LINN, DYK and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Katherine A. McDonough, Baptiste & Wilder, P.C., of Washington, DC, argued for petitioner., Joyce G. Friedman, Attorney, Office of the General Counsel, United States Merit Systems Protection Board, of Washington, DC, argued for amicus curiae Merit Systems Protection Board.   With her on the brief were Neil A.G. McPhie, Chairman;  Martha B. Schneider, General Counsel;  and Rosa M. Koppel, Deputy General Counsel.


• For Appellees:
  
• Todd M. Hughes, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent.   On the brief were Peter D. Keisler, Assistant Attorney General;  David M. Cohen, Director;  Deborah A. Bynum, Assistant Director;  and Steven J. Abelson, Attorney.   Of counsel on the brief was Francesca Alvaro, Attorney, Associate Chief Counsel's Office, United States Customs and Border Protection, United States Department of Homeland Security, of Miami, Florida.