Legal Opinion
Smith v. Department of the Army
Court of Appeals for the Federal Circuit
Decided August 11, 2006No. 2005-3266PublishedCited by 5 opinions
1Opinion of the Court
Opinion for the court filed by Circuit Judge PROST.
Dissenting opinion filed by Circuit Judge RADER.
PROST, Circuit Judge.
Joseph E. Smith filed an appeal with the Merit System Protection Board (“Board”) alleging a constructive suspension from a Welder position with the Department of the Army (“agency”). His appeal alleged procedural due process violations and disability discrimination. The administrative judge issued an initial decision holding there was a procedural due process violation, but no disability discrimination, and ordered the agency to reinstate Smith with back pay. Smith v. Dep’t…
2Cases cited7 opinions
- Albemarle Paper Co. v. MoodySupreme Court of the United States · 1975
- Phelps Dodge Corp. v. National Labor Relations BoardSupreme Court of the United States · 1941
- Garcia v. Department of Homeland SecurityCourt of Appeals for the Federal Circuit · 2006
- John H. Kerr v. National Endowment for the ArtsCourt of Appeals for the Federal Circuit · 1984
- Kenneth D. Martin v. Department of the Air ForceCourt of Appeals for the Federal Circuit · 1999
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Gonzalez v. Department of TransportationCourt of Appeals for the Federal Circuit · 2009
- Bernard v. Department of AgricultureCourt of Appeals for the Federal Circuit · 2015
- Foster v. ArmyCourt of Appeals for the Federal Circuit · 2020
- Gonzalez v. Department of Transp.Court of Appeals for the Federal Circuit · 2009
- Smith v. Department of the ArmyCourt of Appeals for the Federal Circuit · 2006