United States Federal Circuit

A petition for review of a decision of the Merit Systems Protection Board denying a request for correction of disciplinary actions taken in retaliation for certain critical statements that petitioner made while he was medical director at a veterans hospital is reversed and remanded since the Whistleblower Protection Act (WPA) does not contemplate removal of protection when protected subject matter is stated in a blunt manner, and substantial evidence did not support a finding that the disciplinary action would have been taken in the absence of petitioner's whistleblowing disclosures.

Appellate Information

• Decided 09/08/2006
• Published 09/08/2006

Judges

• Before NEWMAN, MAYER, and RADER, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Robert L. Hess, II, Husch & Eppenberger, LLC, of Jefferson City, Missouri, argued for petitioner.   With him on the brief was Harvey M. Tettlebaum.


• For Appellees:
  
• Kenneth M. Dintzer, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent.   With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, Harold D. Lester, Jr., Assistant Director, and Kelly B. Blank, Attorney.   Of counsel on the brief was Daniel C. Rattray, Attorney, Office of Regional Counsel, United States Department of Veterans Affairs, of St. Louis, Missouri.