This morning the Federal Circuit released one precedential opinion and two nonprecedential opinions.  In the precedential opinion, the court dismissed a case appealed from the Merit Systems Protection Board. In the first nonprecedential opinion, the court affirmed a judgment of the the Court of Federal Claims. In the second nonprecedential opinion, the Federal Circuit affirmed another judgment in an appeal from the Middle District of Florida.  Here are the introductions to the opinions.

American Federation of Government Employees, Local 1367 v. Department of the Air Force (Precedential)

The U.S. Air Force removed Michael Johnson from his position as an Air Traffic Watch Controller Supervisor for careless performance of assigned duties. The American Federation of Government Workers Local 1367 (the “local Union”) challenged the removal on behalf of Mr. Johnson through an arbitration proceeding. The Arbitrator upheld Mr. Johnson’s removal, and the local Union appealed that decision to this court. The local Union later withdrew, and we dismissed the appeal. Subsequently, Mr. Johnson filed a motion to substitute himself for the local Union, invoking Rule 43(b) of Federal Appellate Procedure. We granted Mr. Johnson’s motion to the limited extent of vacating our prior order that dismissed the appeal and reinstating the appeal. We further ordered briefing on the issue of substitution and the merits of the appeal. The motion remains pending before us in all other respects. Having considered Mr. Johnson’s arguments, we deny Mr. Johnson’s motion to substitute, do not reach the merits, and dismiss the appeal.

Brewer v. United States (Nonprecedential)

Kevin Lamonte Brewer appeals from the final decision of the United States Court of Federal Claims dismissing his complaint for monetary relief under 28 U.S.C. § 1495. For the reasons set forth below, we affirm the dismissal of Mr. Brewer’s complaint.

Dominguez v. Barracuda Tackle LLC (Nonprecedential)

Barracuda Tackle LLC, Florida Fishing Tackle Manufacturing Company, Inc., and David Burton Young (collectively, “Barracuda”) appeal the decision of the United States District Court for the Middle District of Florida that denied Barracuda attorney fees under 35 U.S.C. § 285. For the reasons set forth below, we affirm.