Legal Opinion

Lal v. Merit Systems Protection Board

Court of Appeals for the Federal Circuit

Decided May 11, 2016No. 2015-3140PublishedCited by 2 opinions

1Opinion of the Court

HUGHES, Circuit Judge.

Renu Lai was terminated from her position as' á distinguished consultant at the Centers for Diseasé Control, a component of the Department of Health and Human Services.' Ms. Lai appealed her removal to the Merit Systems Protection1 Board, which concluded that it lacked jurisdiction over Ms. Lai’s removal because she had been appointed' pursuant to 42 U.S.C. § 209(f), “without regard to the civil-service laws.” While wfe agree with the Boárd that § 209(f) places Ms. Lai into the excepted service, it does not exempt her from thé Civil Service Due Process Amendments of…

2Cases cited8 opinions

  1. Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
  2. Davis v. Michigan Department of the TreasurySupreme Court of the United States · 1989
  3. United States v. FaustoSupreme Court of the United States · 1988
  4. Lindahl v. Office of Personnel ManagementSupreme Court of the United States · 1985
  5. James B. King, Director, Office of Personnel Management v. Ethel D. Briggs, and Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 1996

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3Cited by2 opinions

  1. Application of the Statutory Pay Cap on Administratively Determined Pay in 5 U.S.C. § 5373 to the National Science Foundation, Department of Justice Office of Legal Counsel2023
  2. Braun v. HhsCourt of Appeals for the Federal Circuit · 2020

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