Mixed case on jurisdictional grounds

By: Derek Hawkins//July 5, 2017//

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United States Supreme Court

Case Name: PERRY v. MERIT SYSTEMS PROTECTION BOARD

Case No.: 16-399

Focus: Mixed case on jurisdictional grounds

The proper review forum when the MSPB dismisses a mixed case on jurisdictional grounds is district court.

The Government argues that employees must split their mixed claims, appealing MSPB nonappealability rulings to the Federal Circuit while repairing to the district court to adjudicate their discrimination claims. Perry counters that the district court alone can resolve his entire complaint. Perry advances the more sensible reading of the statutory prescriptions.

Reversed and remanded

Dissenting: Gorsuch, Thomas

Concurring:

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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