Legal Opinion

Roche v. Merit Systems Protection Board

Court of Appeals for the Federal Circuit

Decided March 4, 2010No. 2009-3111PublishedCited by 10 opinions

1Opinion of the Court

KENDALL, District Judge.

Petitioner Christopher D. Roche (“Roche”), a former employee of the Federal Aviation Administration (“FAA”), appeals from a final judgment of the Merit Systems Protection Board (“the Board”) dismissing his case for lack of jurisdiction. Because we find that the Board did not err in applying the definition of “employee” set forth in 5 U.S.C. § 7511, and Roche does not dispute that he worked for too little time to qualify as an employee under that definition, we affirm.

I. BACKGROUND

Roche began his employment as an Air Traffic Control Specialist with the FAA on February…

2Cases cited15 opinions

  1. Colautti v. FranklinSupreme Court of the United States · 1979
  2. Keene Corp. v. United StatesSupreme Court of the United States · 1993
  3. John R. Sand & Gravel Co. v. United StatesSupreme Court of the United States · 2008
  4. John R. Sand & Gravel Co. v. United StatesSupreme Court of the United States · 2008
  5. Beck v. PrupisSupreme Court of the United States · 2000

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3Cited by10 opinions

  1. Solute Consulting v. United StatesUnited States Court of Federal Claims · 2012
  2. CS-360, LLC v. United StatesUnited States Court of Federal Claims · 2010
  3. De Santis v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 2016
  4. Jane Gallo v. Department of TransportationCourt of Appeals for the Federal Circuit · 2013
  5. Morse v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 2010

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