Legal Opinion

Laverne Chisholm v. Defense Logistics Agency and Merit Systems Protection Board

Court of Appeals for the Third Circuit

Decided July 28, 1981No. 80-2501PublishedCited by 53 opinions

1Opinion of the Court

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This petition to review the decision of the Merit Systems Protection Board (hereafter Board) challenges the Board’s right to use an employee’s criminal conviction to collaterally estop him from denying that he committed those acts which led to his removal from government service. Although we conclude that the Board may use the doctrine of collateral estoppel, we find that its use on the present record was inappropriate and therefore remand to the Board for further proceedings.

I

Petitioner, LaVerne Chisholm, was employed as a warehouse forklift…

2Cases cited26 opinions

  1. United Steelworkers v. Warrior & Gulf Navigation Co.Supreme Court of the United States · 1960
  2. Ashe v. SwensonSupreme Court of the United States · 1970
  3. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
  4. Duncan v. LouisianaSupreme Court of the United States · 1968
  5. Cromwell v. County of SacSupreme Court of the United States · 1877

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

3Cited by53 opinions

  1. Suppan v. DadonnaCourt of Appeals for the Third Circuit · 2000
  2. Jeffrey Otherson v. Department of Justice, Immigration and Naturalization ServiceCourt of Appeals for the D.C. Circuit · 1983
  3. Data General Corp. v. JohnsonCourt of Appeals for the Federal Circuit · 1996
  4. United States Ex Rel. Jane Doe v. Heart Solution, PCCourt of Appeals for the Third Circuit · 2019
  5. S.E.R.L. v. Attorney General United StatesCourt of Appeals for the Third Circuit · 2018

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API