United States Federal Circuit

Petitioner's application for attorney fees in connection with his two appeals to this court regarding his claims under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is denied, where: 1) the Merit Systems Protection Board is not authorized to award fees incurred during judicial review under USERRA; 2) USSERA does not authorize this court to grant attorney fees; 3) petitioner is not entitled to attorney fees under the Equal Access to Justice Act (EAJA); and 4) the attorney fee provision of the Back Pay Act is not applicable to preference eligible postal employees.

Appellate Information

• Decided 07/18/2014
• Published 07/18/2014

Judges

• BRYSON

Court

• United States Federal Circuit

Counsel