shaw bransford & roth case law update

Federal Circuit: EPA Made “Baseless” Claim of Attorney-Client Privilege to Protect Draft Notices of Proposed Disciplinary Actions

Recently, the Court of Appeals for the Federal Circuit reversed a decision of an Merit System Protection Board Administrative Judge, and found that the EPA made no evidentiary showing to prove its claim of the attorney-client privilege to prevent the discovery of draft proposed disciplinary actions.  

Posted in Case Law Update

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shaw bransford & roth case law update

Fourth Circuit: Amendments to EEO Complaint Do Not Reset Timeline for Judicial Suit

After a federal district court ruled that a Patent and Trademark Office employee’s amendment to his initial EEO complaint reset the 180-day timeline for the accrual of the employee’s right to file a judicial suit, the Fourth Circuit Court of Appeals reversed and remanded the district court ruling, finding that the plain language of Title VII contemplates amendments to the initial complaint.

Posted in Case Law Update

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shaw bransford & roth case law update

Parties in OPM Data Breach Suit Hold Oral Arguments at D.C. Circuit Court of Appeals

In a consolidated multidistrict class action against the Office of Personnel Management following a severe data breach of OPM’s cybersecurity that affected millions of federal employees and former federal employees, federal employees and the union alleged gross negligence and a violation of constitutional rights to informational privacy. The United States District Court for the District of Columbia dismissed the case on September 19, 2017. On October 12, 2017, the employees appealed the dismissal to the United States Court of Appeals for the D.C Circuit.

Posted in Case Law Update

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