Legal Opinion
Hernandez v. Department of the Air Force
Court of Appeals for the Federal Circuit
Decided August 27, 2007No. 2006-3375PublishedCited by 20 opinions
1Opinion of the Court
MAYER, Circuit Judge.
Jose D. Hernandez appeals the decision of the Merit Systems Protection Board (“board”), dismissing his appeal as moot. Hernandez v. Dep’t of the Air Force, 102 M.S.P.R. 515 (2006). Because the board erred by declining to remand his claim under Butterbaugh v. Department of Justice, 336 F.3d 1332 (Fed.Cir.2003), for further proceedings as related to alleged violations occurring prior to the enactment of the Uniformed Services Employment and Reemployment Rights Act. of 1994 (“US-ERRA”), 38 U.S.C. §§ 4301-4333, we reverse-in-part and remand.
Background
Under 5 U.S.C. §…
2Cases cited15 opinions
- O'Shea v. LittletonSupreme Court of the United States · 1974
- Morton v. MancariSupreme Court of the United States · 1974
- County of Los Angeles v. DavisSupreme Court of the United States · 1979
- United States Ex Rel. Accardi v. ShaughnessySupreme Court of the United States · 1954
- King v. St. Vincent's HospitalSupreme Court of the United States · 1991
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3Cited by20 opinions
- Redline Detection, LLC v. Star Envirotech, Inc.Court of Appeals for the Federal Circuit · 2015
- Montoya v. Orange County Sheriff's DepartmentDistrict Court, C.D. California · 2013
- Welshans v. United States Postal ServiceCourt of Appeals for the Federal Circuit · 2008
- Pucilowski v. Department of JusticeCourt of Appeals for the Federal Circuit · 2007
- Jones v. United StatesUnited States Court of Federal Claims · 2013
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