Supreme Court of the United States · Official docket →
Michael Faris v. Department of the Air Force
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2022-1561 · judgment September 22, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Are federal employees considered a “person” for the purposes of USERRA and thereby entitled to the Rights and Benefits guaranteed to “any person” by Chapter 43 of Title 38 U.S. Code.
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What are the characteristics of a leave of absence that may be considered in determining “comparability” between a leave of absence for service to the uniformed services and other leaves of absence, particularly for determination of benefits (and employee costs of benefits) that should be provided?
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Did Congress mean what they said, through plain language, in 38 U.S.C. § 4318(a)(1), that a right provided under any Federal law governing pension benefits for governmental employees shall be determined by that section (unless precluded by 38 U.S.C. § 4302(a) because the other law provides greater rights or benefits)?
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Are all periods of uniformed service while in a status included in the definition of “service to the uniformed services” at 38 U.S.C. § 4303(13) eligible for the pension rights and benefits under USERRA?
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Should a Court of Appeals be authorized to reframe a contention in the public opinion in a manner that conceals the actual complaint and the law on which a contention is based?
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Where does the burden of proof lie in a USERRA case brought forward against a federal government agency under 38 U.S.C. § 4312-4318?
Counsel of record
For petitioner
Michael Faris
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 2 conferences
Linked docket
22M72
Proceedings
- Apr 03 2023Petition DENIED.
- Mar 15 2023DISTRIBUTED for Conference of 3/31/2023.
- Mar 13 2023Waiver of right of respondent Department of the Air Force to respond filed.
- Feb 21 2023Motion (22M72) for leave to proceed as a veteran Granted.
- Feb 01 2023MOTiON (22M72) DISTRIBUTED for Conference of 2/17/2023.
- Jan 23 2023Motion (22M72) for leave to proceed as a veteran filed.
- Jan 23 2023Petition for a writ of certiorari filed. (Response due March 23, 2023)