Legal Opinion

Johnston v. Merit System Protection Board

Court of Appeals for the Federal Circuit

Decided March 3, 2008No. 2007-3167PublishedCited by 42 opinions

1Opinion of the Court

MAYER, Circuit Judge.

Julie K. Johnston seeks review of a final decision of the Merit Systems Protection Board dismissing her appeal for lack of jurisdiction. Johnston v. Dep’t of Energy, AT-1221-06-0983-W-1 (M.S.P.B. Nov. 2, 2006). Because we conclude Johnston’s allegations of reprisal for disclosures protected under the Whistleblower Protection Act of 1989 (“WPA”), 5 U.S.C. § 2302(b)(8), were sufficient to establish board jurisdiction, we reverse and remand.

Background

Johnston is employed as a Safety and Occupational Health Manager (“SOHM”) in the Office of Secure Transportation of the…

2Cases cited17 opinions

  1. Bell v. HoodSupreme Court of the United States · 1946
  2. Roland Spruill v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 1992
  3. Garcia v. Department of Homeland SecurityCourt of Appeals for the Federal Circuit · 2006
  4. Mohammed Yunus v. Department of Veterans AffairsCourt of Appeals for the Federal Circuit · 2001
  5. Frederick R. Marano v. Department of JusticeCourt of Appeals for the Federal Circuit · 1993

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3Cited by42 opinions

  1. Kahn v. Department of JusticeCourt of Appeals for the Federal Circuit · 2010
  2. Chambers v. Department of the InteriorCourt of Appeals for the Federal Circuit · 2010
  3. Kahn v. Department of JusticeCourt of Appeals for the Federal Circuit · 2008
  4. Jenkins v. Merit Sys. Prot. Bd.Court of Appeals for the Federal Circuit · 2019
  5. Piccolo v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 2017

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

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