Legal Opinion
Kay Coles James, Director, Office of Personnel Management v. Frank Santella and Joseph Jech, and Merit Systems Protection Board
Court of Appeals for the Federal Circuit
Decided May 13, 2003No. 02-3118PublishedCited by 9 opinions
1Opinion of the Court
PROST, Circuit Judge.
The Director of the Office of Personnel Management (“OPM”) petitions this court pursuant to 5 U.S.C. § 7703(d) for review of the final decision of the Merit Systems Protection Board (“MSPB” or “Board”), Nos. CB-1215-91-0007-R-1, CB-1215-91-0008-R-l, interpreting 5 U.S.C. § 1204(m)(l) to authorize an award of attorney fees to a prevailing employee who is found to be “substantially innocent” of charges made by the Office of Special Counsel (“OSC”) in a complaint to the Board. Because we conclude that the Board acted permissibly and lawfully in adopting the “substantially…
2Cases cited21 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
- Christiansburg Garment Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1978
- Duncan v. WalkerSupreme Court of the United States · 2001
- Texas State Teachers Ass'n v. Garland Independent School DistrictSupreme Court of the United States · 1989
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3Cited by9 opinions
- McEntee v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 2005
- Xianli Zhang v. United StatesCourt of Appeals for the Federal Circuit · 2011
- Barry J. Abell v. Department of the NavyCourt of Appeals for the Federal Circuit · 2003
- Osage Tribe of Indians v. United StatesUnited States Court of Federal Claims · 2005
- Alvern C. Weed v. Social Security Administration, Merit Systems Protection Board2016
4 more not listed; retrieve them via the Exa API.