This morning the Federal Circuit released one nonprecedential opinion and two nonprecedential orders. The opinion comes in an appeal from the Merit Systems Protection Board. One of the nonprecedential orders denies a petition for the Court of International Trade to effect service of process on a foreign company, while the other dismisses an appeal. Here is the introduction to the opinion and first order and a link to the dismissal.
Duri v. Department of the Navy (Nonprecedential)
Gian C. Duri has petitioned for review of the Merit Systems Protection Board’s (“MSPB”) decision affirming the Department of the Navy’s (“agency”) performance-based removal of Mr. Duri. Duri v. Dep’t of the Navy, No. SF-0432-22-0438-I-1, 2023 WL 3440813 (M.S.P.B. May 8, 2023) (“Decision”). For the following reasons, we affirm.
In re Koehler Oberkirch GmbH (Nonprecedential Order)
The United States Court of International Trade may order service on a defendant “at a place not within any judicial district of the United States” by means “not prohibited by international agreement.” United States Court of International Trade Rule (“CIT Rule”) 4(e)(3). Petitioners, two foreign corporations, are subject to such an order, authorizing the United States to effect service on them by delivering a copy of the complaint and summons to their domestic counsel. In this petition for a writ of mandamus, we are asked to decide whether that order clearly exceeds the trial court’s authority. Because Petitioners have not shown entitlement to relief, we deny the petition.