Case Law Update Conor Dirks Case Law Update Conor Dirks

Appeals Court Rules No Private Right of Action for False Statements By Government

A former federal employee terminated by the United States Agency for International Development (“USAID”) and the National Oceanic and Atmospheric Administration (“NOAA”) appealed his termination from both agencies under Title VII and also contended that NOAA violated a criminal statute that prohibits making false statements when the Agency allegedly lied about why he was terminated.

Read More
The Takedown FEDagent The Takedown FEDagent

Special Counsel Mueller Expands Investigation to Look Into Potential Obstruction of Justice

According to officials interviewed by the Washington Post, special counsel Robert S. Mueller III, appointed by the Justice Department to investigate Russia’s attempts to impact the outcome of U.S. elections, has begun widening his probe to include questioning senior intelligence officials about whether President Donald Trump attempted to obstruct justice.

Read More
Case Law Update Conor Dirks Case Law Update Conor Dirks

Federal Circuit Reverses MSPB Order to Repay OPM Overpayment

After the Merit Systems Protection Board found that a retired federal employee failed to prove that the recovery of overpaid benefits from the Federal Employee Retirement System (“FERS”) would be against equity and good conscience, the Court of Appeals for the Federal Circuit reversed the MSPB’s decision, finding that the Administrative Judge’s analysis (which the full Board accepted) was not supported by substantial evidence, was erroneous, and that recovery of the overpayment was unconscionable given the “inexplicable” three-year delay by OPM to finalize the retiree’s benefits, and the additional four-year delay between the retiree’s request for reconsideration and OPM’s decision.

Read More
Case Law Update Conor Dirks Case Law Update Conor Dirks

Supreme Court: Veteran Can’t Be Forced To Indemnify Ex-Spouse When Electing Benefits

A retired Air Force Veteran’s divorce decree awarded his ex-wife 50 percent of the veteran’s future Air Force retirement pay, but thirteen years after the divorce, the veteran was found partially disabled due to an earlier service-related injury, and elected to give up an equal amount ($250 monthly) of retirement pay in order to receive disability pay – thereby reducing the value of his ex-wife’s 50 percent share by 50 percent of $250.

Read More
Partner Columns, News from NLEOMF National Law Enforcement Officers Memorial Fund Partner Columns, News from NLEOMF National Law Enforcement Officers Memorial Fund

‘Witness to History’ Panel Relives Reagan Assassination Attempt

National Law Enforcement Officers Memorial Fund President and CEO Craig W. Floyd kicked off the event by welcoming 135 guests to the Washington Hilton Hotel. He remarked on the significance of the location. Mr. Floyd said, “It’s truly unique to get to talk about such a historic moment at the place where the assassination attempt actually occurred.”

Read More
Case Law Update Michael J. Sgarlat Case Law Update Michael J. Sgarlat

Dismissal Due to the Suppression of Evidence Does Not Satisfy the Favorable Termination Element of a Malicious Prosecution Claim

In January 2010, police arrested Terry Margheim at his home in Greeley, CO on suspicion of domestic violence committed against his girlfriend. Weld County prosecutors then initiated a criminal prosecution against him. Margheim posted a $3,000 bond and was required to comply with a protection order to avoid contact with his girlfriend.

Read More
FEDtalk FEDagent FEDtalk FEDagent

This Week On FEDtalk: Inside NCIS

Tune in this week to get an exclusive inside look at NCIS and its latest investigations from Deputy Director, Sam Worth, and Drew Lochli, the assistant special agent in charge of the NCIS Cyber department.

Read More