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United States Federal Circuit


Cunningham v. US, 2013-5055

In an action for breach of contract, in which plaintiff alleges that defendant-former employer, the government, disclosed details about him to another employer and thereby violated a confidentiality provision of a settlement agreement, the Court of Federal Claims' decision that res judicata barred his claim because plaintiff declined the recission and reinstatement remedies offered by the Merit Systems Protection Board (MSPB), is reversed and remanded, where: 1) the Claims Court possessed jurisdiction under the Tucker Act; but 2) because jurisdictional limits on the MSPB's remedial authority did not permit plaintiff to seek monetary damages for defendant's breach of contract, the MSPB's prior judgment of dismissal does not preclude his suit in the Claims Court.

Appellate Information

  • Decided 04/09/2014
  • Published 04/09/2014

Judges

  • CHEN

Court

  • United States Federal Circuit

Counsel

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