case law update

Appeals Court Rules No Private Right of Action for False Statements By Government

A former federal employee terminated by the United States Agency for International Development (“USAID”) and the National Oceanic and Atmospheric Administration (“NOAA”) appealed his termination from both agencies under Title VII and also contended that NOAA violated a criminal statute that prohibits making false statements when the Agency allegedly lied about why he was terminated. 

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case law update

Constitutionality of Protestor Arrests Without Prior Warning Before Supreme Court

The Supreme Court is considering whether to hear a case asking whether, when officers permit individuals to exercise First Amendment rights to speech and peaceful assembly, officers must provide fair warning prior to arresting demonstrators for participation in the demonstration.

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case law update

Federal Circuit Reverses MSPB Order to Repay OPM Overpayment

After the Merit Systems Protection Board found that a retired federal employee failed to prove that the recovery of overpaid benefits from the Federal Employee Retirement System (“FERS”) would be against equity and good conscience, the Court of Appeals for the Federal Circuit reversed the MSPB’s decision, finding that the Administrative Judge’s analysis (which the full Board accepted) was not supported by substantial evidence, was erroneous, and that recovery of the overpayment was unconscionable given the “inexplicable” three-year delay by OPM to finalize the retiree’s benefits, and the additional four-year delay between the retiree’s request for reconsideration and OPM’s decision. 

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case law update

Supreme Court: Veteran Can’t Be Forced To Indemnify Ex-Spouse When Electing Benefits

A retired Air Force Veteran’s divorce decree awarded his ex-wife 50 percent of the veteran’s future Air Force retirement pay, but thirteen years after the divorce, the veteran was found partially disabled due to an earlier service-related injury, and elected to give up an equal amount ($250 monthly) of retirement pay in order to receive disability pay – thereby reducing the value of his ex-wife’s 50 percent share by 50 percent of $250.

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This Week on FEDtalk: Enhancements & Whistleblower Programs

Tune in this week for a special show on whistleblower programs with the Justice Department’s Deputy IG, a Deputy Counsel at Department of Homeland Security's Office of Inspector General, and the Office of Special Counsel's Chief of Investigation and Prosecution.

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FLEOA Foundation 2016 Custom Corvette Z06 Raffle

The Federal Law Enforcement Officers Association (FLEOA) Foundation and the National Law Enforcement Officers Memorial Fund (NLEOMF) teamed up to raffle a 2016 Custom Built Wide Body Chevrolet Corvette Zo6.

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