Today the Federal Circuit issued one nonprecedential opinion in a Whisteblower Protection Act case and four nonprecedential Rule 36 judgments. Here is the introduction to the opinion and a list of the Rule 36 judgments.
Feuer v. NLRB (Nonprecedential)
Elias Feuer appeals from the Merit Systems Protection Board (“Board”) holding that the National Labor Relations Board (“NLRB”) did not violate Feuer’s rights under the Whistleblower Protection Act, 5 U.S.C. § 2302(b)(8), because (1) it did not take any personnel action against him and (2) the NLRB had shown by clear and convincing evidence that it would have taken the same action regardless of Feuer’s protected disclosures. We reject the Board’s first ground but affirm as to the second ground.