United States Federal Circuit

In an action brought by a financial economist in the Federal Transit Administration claiming that she had been subject to adverse personnel actions for conduct protected under the Whistleblower Protection Act (WPA), a decision dismissing petitioner's appeal for lack of jurisdiction is reversed where: 1) the Board erred in holding that a disclosure of an action never taken cannot qualify as a protected disclosure under the WPA; 2) a reasonable belief that a violation of law, rule, or regulation is imminent is sufficient to confer jurisdiction on the Board under the WPA; and 3) the Board also erred in holding that alerting an innocent supervisor of an accused wrongdoer to a purported violation does not qualify as a protected disclosure.

Appellate Information

• Decided 11/19/2007
• Published 11/19/2007

Judges

• LOURIE, Circuit Judge., Before MICHEL, Chief Judge, LOURIE and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• James S. DelSordo, Argus Legal, LLC, of Manassas, VA, argued for petitioner., Allison Kidd-Miller, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for intervenor.   On the brief were Peter D. Keisler, Acting Attorney General, Jeanne E. Davidson, Director, Todd M. Hughes, Assistant Director, and Steven J. Abelson, Attorney.


• For Appellees:
  
• Jeffrey A. Gauger, Attorney, Office of the General Counsel, United States Merit Systems Protection Board, of Washington, DC, argued for respondent.   With him on the brief were B. Chad Bungard, General Counsel, Rosa M. Koppel, Deputy General Counsel, and Sara B. Rearden, Attorney.