United States Federal Circuit

In an action brought by an FAA air traffic controller involving an alleged violation of 5 U.S.C. section 8151, a provision enacted as part of 1974 amendments to the Federal Employees' Compensation Act, dismissal of plaintiff's claim for lack of jurisdiction is affirmed where: 1) section 8151(a) does create a distinct cause of action; however 2) the rights conferred by section 8151(a) are not enforceable in the Court of Federal Claims under the Tucker Act.

Appellate Information

• Decided 06/09/2008
• Published 06/09/2008

Judges

• DYK, Circuit Judge., Before MICHEL, Chief Judge, SCHALL and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• William L. Bransford, Shaw, Bransford, Veilleux & Roth, PC, of Washington, DC, argued for plaintiff-appellant.


• For Appellees:
  
• David F. D'Alessandris, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General;  Jeanne E. Davidson, Director;  and Harold D. Lester, Jr., Assistant Director.