Managing Partner, A. Marques Pitre, once again successfully argued before the US Court of Appeals for the Federal Circuit that a Merit Systems Protection Board decision denying our client corrective action in her claims filed under the Whistleblower Protection Act was unsupported by substantial evidence, and thus, should be vacated and remanded further deliberation. The Court adopted Mr. Pitre’s argument that in conducting its Carr analysis, the Board’s decision failed to consider certain evidence that may have detracted from its overall conclusion, and thus, it’s finding that the Agency met its clear and convincing evidence burden of proof could not be upheld.
You can review the Opinion of the Court below.
Please see Case Opinion