Online Symposium: A Review of the Most Significant Federal Circuit Decisions in 2020 Related to the Merit Systems Protection Board

Guest Post by James M. Eisenmann

In a series of precedential decisions in 2020 (and early 2021), the Federal Circuit limited the impact of the Department of Veterans Affairs Accountability and Whistleblower Protection Act — holding that U.S. Merit Systems Protection Board (MSPB) still may review the reasonableness of imposed penalties and that Veterans Affairs (VA) may not use 38 U.S.C. § 714 to remove employees for conduct or performance that occurred prior to the enactment of the Act. See, Sayers v. Dep’t of Veterans Affairs, 954 F.3d 1370 (Fed. Cir. 2020); Harrington v. Dep’t of Veterans Affairs, 981 F.3d 1356 (Fed. Cir. 2020); and Brenner v. Dep’t of Veterans Affairs, No. 19-2032 (Fed. Cir. March 9, 2021).

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Opinions & Orders – March 9, 2021

This morning, the Federal Circuit issued four precedential opinions: two in patent cases, one in a Merit Systems Protection Board case, and one involving an appeal of a district court’s order transferring a case to the Court of Federal Claims. Also, late yesterday the Federal Circuit issued a nonprecedential order in a patent case granting a petition for a writ of mandamus and ordering a district court within 30 days to issue a ruling on a motion to transfer. Here are the introductions to the opinions and text from the order.

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