Legal Opinion

Whitmore v. Department of Labor

Court of Appeals for the Federal Circuit

Decided May 30, 2012No. 2011-3084PublishedCited by 90 opinions

1Opinion of the Court

REYNA, Circuit Judge.

Robert Whitmore (‘Whitmore”) appeals the decision of the Merit Systems Protection Board (“MSPB”), which declined to set aside Whitmore’s removal from his position with the Department of Labor (“DOL”). While the DOL alleged that "Whitmore’s removal was due to his increasingly disruptive and insubordinate behavior, Whitmore alleged that the removal was an unlawful retaliation for his lawful whistleblowing disclosures. In analyzing whether the DOL had proven by clear and convincing evidence that Whitmore would have been removed regardless of his whistleblowing disclosures,…

2Cases cited10 opinions

  1. Richard C. Price v. Dale R. SymsekCourt of Appeals for the Federal Circuit · 1993
  2. Juanita C. Mendoza v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 1992
  3. Rokki Knee Carr v. Social Security AdministrationCourt of Appeals for the Federal Circuit · 1999
  4. William F. Curtin v. Office of Personnel ManagementCourt of Appeals for the Federal Circuit · 1988
  5. Mercedes Martinez (As Trustee of Blue Ridge Development, Ltd., a Dissolved Limited Partnership) v. United StatesCourt of Appeals for the Federal Circuit · 2002

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

3Cited by90 opinions

  1. McCarthy v. International Boundary and Water CommissionCourt of Appeals for the Federal Circuit · 2012
  2. Miller v. Department of JusticeCourt of Appeals for the Federal Circuit · 2016
  3. McIntosh v. DefenseCourt of Appeals for the Federal Circuit · 2022
  4. Robinson v. Dep't of Veterans AffairsCourt of Appeals for the Federal Circuit · 2019
  5. Wills v. Board of Regents of the UniversityNew Mexico Court of Appeals · 2015

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

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