Supreme Court of the United States · Official docket →
In Re Libby A. Demery
Paid petition
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
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Whether the Supervisory Power of this Court in voked recall of the mandate of Federal Circuit to vacate an unreviewed, Merits Systems Protection Board (MSPB), Administrative Judge (AJ) deci sion containing procedural errors, failure to apply the law to facts of case and unsupported by sub stantial evidence, effecting the Petitioner’s rights, under the Whistleblower Protection Act (WPA). 5 C.F.R. Section 1201.111(b).
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Whether the MSPB AJ illegally rejected the WPA appeal because it was supported by a preponder ance of direct evidence proving the impermissible retaliatory motive played a motivating part in ad verse personnel action. McDonnell Douglas frame work not applicable.
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Whether the MSPB and Federal Circuit erroneous focus on prima facie case caused a failure to decide the ultimate factual issue of whether the agency intentionally retaliated against the appellant.
Counsel of record
For petitioner
Libby A. Demery
For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Jan 11 2021Petition DENIED.
- Dec 23 2020DISTRIBUTED for Conference of 1/8/2021.
- Dec 15 2020Waiver of right of respondent United States to respond filed.
- Nov 25 2020Petition for a writ of mandamus filed. (Response due January 4, 2021)