This morning the Federal Circuit issued a nonprecedential opinion affirming a decision by the Merit Systems Protection Board to dismiss a claim based on laches. The court also issued two Rule 36 judgments. Here is the introduction to the opinion and the links to the Rule 36 judgments.

Sleevi v. Merit Systems Protection Board (Nonprecedential)

Neil F. Sleevi seeks review of a decision of the Merit Systems Protection Board (“Board”). The Board dismissed Mr. Sleevi’s appeal of the Department of Homeland Security’s (“DHS”) rescission of an employment offer. Mr. Sleevi alleges that DHS violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), 38 U.S.C. § 4301, et seq., when it rescinded his employment offer in 2007. Nearly thirteen years after this alleged violation, he filed his appeal with the Board. The Board granted DHS’s unopposed motion to dismiss, finding that Mr. Sleevi’s claim was barred by laches. Sleevi v. DHS, No. DC-4324-20-0767-I-1, 2020 WL 5174841 (Aug. 25, 2020). Because the Board’s decision was not an abuse of discretion, we affirm.

Rule 36 Judgments