Legal Opinion

Herring v. Merit Systems Protection Board

Court of Appeals for the Federal Circuit

Decided February 18, 2015No. 2013-3170PublishedCited by 9 opinions

1Opinion of the Court

WALLACH, Circuit Judge.

Petitioner Ramona Gill Herring (“Petitioner”) appeals a Final Order of the Merit Systems Protection Board (“MSPB” or “Board”), dismissing her appeal as untimely filed without good cause. Because, under the circumstances of this case, the MSPB abused its discretion in determining Ms. Herring had not demonstrated good cause for the untimely filing of her appeal, this court reverses.

Background

In March 2010, Ms. Herring was removed from her position as a cytotechnologist with the Department of the Navy. *1013After her removal, she filed an application for disability retirement…

2Cases cited17 opinions

  1. Link v. Wabash RailroadSupreme Court of the United States · 1962
  2. United States Postal Service v. GregorySupreme Court of the United States · 2001
  3. Juanita C. Mendoza v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 1992
  4. Lester Jackson v. The Washington Monthly Co.Court of Appeals for the D.C. Circuit · 1978
  5. Copeland v. Wasserstein, Perella & Co.Court of Appeals for the Fifth Circuit · 2002

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3Cited by9 opinions

  1. Mora v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2015
  2. Kerr v. Merit Sys. Prot. Bd.Court of Appeals for the Federal Circuit · 2018
  3. Barnes v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 2015
  4. Odyssey Logistics & Technology Corp. v. StewartCourt of Appeals for the Federal Circuit · 2025
  5. Fanny Mak v. Tennessee Valley Authority, Merit Systems Protection Board2016

4 more not listed; retrieve them via the Exa API.

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