This morning the Federal Circuit issued a nonprecedential opinion in an employment case appealed from the Merit Systems Protection Board. The opinion affirms a finding lack of jurisdiction for an appeal under the Whistleblower Protection Act and Whistleblower Protection Enhancement Act. The court also issued a nonprecedential order denying a combined petition for panel and en banc rehearing. Here is the introduction to the opinion and text from the order.
Hobson v. Merit Systems Protection Board (Nonprecedential)
Faye R. Hobson appeals the Merit Systems Protection Board’s dismissal of her Individual Right of Action appeal under the Whistleblower Protection Act and Whistleblower Protection Enhancement Act for lack of jurisdiction. The Board found Mrs. Hobson failed to make a non-frivolous allegation that her protected activity was a contributing factor to personnel (retaliatory) action taken against her. We affirm.
Evolusion Concepts, Inc. v. HOC Events, Inc. (Nonprecedential Order)
Juggernaut Tactical, Inc. filed a combined petition for panel rehearing and rehearing en banc. The petition was referred to the panel that heard the appeal, and thereafter the petition for rehearing en banc was referred to the circuit judges who are in regular active service.
Upon consideration thereof,
IT IS ORDERED THAT:
The petition for panel rehearing is denied.
The petition for rehearing en banc is denied.
The panel makes one change in its opinion, which is unrelated to the rehearing petition. Footnote 1 is replaced . . . .
This change does not alter the court’s judgment, and no new judgment will be issued.