Legal Opinion

Gallo v. Department of Transportation

Court of Appeals for the Federal Circuit

Decided August 1, 2012No. 2011-3094PublishedCited by 5 opinions

1Opinion of the Court

LINN, Circuit Judge.

Appellant Jane L. Gallo (“Gallo”) appeals the final decision of the Merit Systems Protection Board (“Board”) denying her restoration rights under 5 U.S.C. § 8151(a). See Gallo v. Dep’t of Transp., 116 M.S.P.R. 1 (2011) (“Board Decision ”). Because the Board erred in interpreting “resumes employment with the Federal Government” under § 8151(a), and because any pay increases that Gallo would have received based on her creditable service time with the federal government are “benefits based on length of service” under 5 U.S.C. § 8151(a), this court reverses the decision of the…

2Cases cited7 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Colautti v. FranklinSupreme Court of the United States · 1979
  3. Gordon R. True v. Office of Personnel ManagementCourt of Appeals for the Federal Circuit · 1991
  4. F. Paul Jones v. Department of TransportationCourt of Appeals for the Federal Circuit · 2002
  5. Gallo v. United StatesCourt of Appeals for the Federal Circuit · 2008

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

3Cited by5 opinions

  1. De Santis v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 2016
  2. Caraway v. United StatesUnited States Court of Federal Claims · 2015
  3. Jane Gallo v. Department of TransportationCourt of Appeals for the Federal Circuit · 2013
  4. Angel David Morales v. United States Postal Service, Merit Systems Protection Board2015
  5. Morales v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 2015

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