Legal Opinion

McMillan v. Department of Justice

Court of Appeals for the Federal Circuit

Decided February 16, 2016No. 2015-3042PublishedCited by 13 opinions

1Opinion of the Court

O’MALLEY, Circuit Judge.

Peter A. McMillan (“McMillan”) seeks review of the Merit Systems Protection Board (“the Board” or “MSPB”) decision denying his request for corrective action under the Uniformed Services Employment and Reemployment Rights Act of 1994 (codified at 38 U.S.C. §§ 4301^333) (“USERRA”). McMillan v. Dep’t of Justice, No. DC-4324-11-0726-B-1, 2014 WL 5423476 (M.S.P.B. Oct. 16, 2014). Specifically, the Board found that McMillan failed to comply with the ordinarily accepted standards of conduct in the course of performing his military duties and was, therefore, not entitled to…

2Cases cited11 opinions

  1. Sheehan v. Department of the NavyCourt of Appeals for the Federal Circuit · 2001
  2. Brewer v. United States Postal ServiceUnited States Court of Claims · 1981
  3. David D. Bolton v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 1998
  4. Stanley B. Parker v. United States Postal ServiceCourt of Appeals for the Federal Circuit · 1987
  5. Petty v. Metro. Gov't of Nashville-Davidson CountyCourt of Appeals for the Sixth Circuit · 2008

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

3Cited by13 opinions

  1. Jones v. Department of Health & Human ServicesCourt of Appeals for the Federal Circuit · 2016
  2. Darek Kitlinski v. DOJCourt of Appeals for the Fourth Circuit · 2021
  3. McGuffin v. SsaCourt of Appeals for the Federal Circuit · 2019
  4. Munoz v. InGenesis STGI Partners, LLCDistrict Court, S.D. California · 2016
  5. Sharpe v. Dep't of JusticeCourt of Appeals for the Federal Circuit · 2019

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

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