Legal Opinion · Dissent
Tierney v. Department of Justice
Court of Appeals for the Federal Circuit
Decided June 20, 2013No. 2011-3159Published
1DissentBryson, Circuit Judge
This case turns on the burden of proof. Mr. Tierney bore the burden of proving that his agency charged him with military leave on certain noil-working days.' See Duncan v. Dep’t of the Air Force, 674 F.3d 1359, 1363 (Fed.Cir.2012).
In an effort to satisfy that burden, Mr. Tierney introduced evidence that during the period at issue the government had a policy of charging military leave not only for the workdays during which employees were performing military service, but also for intervening non-workdays falling within those periods of military service. He testified that as a supervisor he was…
2Cases cited7 opinions
- Immigration & Naturalization Service v. Elias-ZacariasSupreme Court of the United States · 1992
- National Labor Relations Board v. Columbian Enameling & Stamping Co.Supreme Court of the United States · 1939
- Allentown MacK Sales & Service, Inc. v. National Labor Relations BoardSupreme Court of the United States · 1998
- Eli Lilly and Company v. Aradigm Corporation, Defendant-CrossCourt of Appeals for the Federal Circuit · 2004
- Todd R. Haebe v. Department of JusticeCourt of Appeals for the Federal Circuit · 2002
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