Case Law Update James P. Garay Heelan Case Law Update James P. Garay Heelan

Absence of Evidence Cannot Favor Agency Defense Against Whistleblower Reprisal Claim

Last week, FEDagent reported on the Federal Circuit’s decision in Siler v. EPA, on the issue of whether EPA adequately asserted the attorney-client privilege to withhold documents from Siler during the discovery phase of his MSPB appeal his removal from federal service. This week, we report on the portion of the court’s decision that vacated the MSPB’s denial of Siler’s whistleblower reprisal affirmative defense and remanded the matter to MSPB for further proceedings.

Read More
The Takedown FEDagent The Takedown FEDagent

Secret Service Busts Credit Card Fraud Ring

Secret Service agents, joined by New Rochelle, New York police officers, executed an arrest warrant last week in an apartment on the 37th floor of the Skyline New Rochelle in the city's downtown area. The raid led to the detention of several individuals believed to be participating in a credit card fraud ring that has made stolen credit card purchases of approximately $3,000,000.

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

Federal Circuit: EPA Made “Baseless” Claim of Attorney-Client Privilege to Protect Draft Notices of Proposed Disciplinary Actions

Recently, the Court of Appeals for the Federal Circuit reversed a decision of an Merit System Protection Board Administrative Judge, and found that the EPA made no evidentiary showing to prove its claim of the attorney-client privilege to prevent the discovery of draft proposed disciplinary actions.  

Read More
FEDtalk FEDagent FEDtalk FEDagent

Reporter Roundtable: Looking Forward And Reflecting Back

Even with a shutdown in place, there is much to discuss about the workings of the federal government as the new year begins. Tune in this Friday, January 11 for the first FEDTalk of 2019. A roundtable of guests will be providing the most up to date federal news while taking a look back on the successes, and failures, of 2018.

Read More
The Takedown FEDagent The Takedown FEDagent

ICE Partners with Florida Law Enforcement to Arrest Man for Sex Crimes

A Florida man, Frank Miles, was sentenced to 30 years in federal prison last week for attempted enticement of a minor to engage in sexual activity and possession of child pornography. Miles’ sentence comes after a successful investigation by US Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) division and the Brevard County Sheriff’s Office.

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

First Circuit Punts Issue of Whether Qualified Immunity Defense Is Available in FTCA Actions Arising in Puerto Rico

The First Circuit recently affirmed a district court judgment dismissing a FTCA claim based on the “clearly established” step of the qualified immunity analysis applied in Bivens. In doing so, it questioned the availability of the qualified immunity defense in a FTCA claim in Puerto Rico, but left this question open as the plaintiff did not raise this issue.

Read More