Justia Government & Administrative Law Opinion Summaries

Rumsey, a Department of Justice employee, protested grant-making decisions and ultimately went to the media and members of Congress and filed a complaint with the Inspector General, alleging fraud. Her efforts resulted in corrective action. Rumsey alleged that the agency subsequently gave her improperly low performance ratings, moved some of her job duties to other employees, and canceled her telework agreement. She prevailed in an individual right of action appeal with the Merit Systems Protection Board, alleging whistleblower reprisal. Rumsey sought attorney’s fees under 5 U.S.C. 1221(g)(1)(B). At the time of that request, Rumsey and Slavet, one of the three lawyers that represented Rumsey during the Board proceedings, were in fee dispute before the District of Columbia Bar, Attorney/Client Arbitration Board. Rumsey “distanced herself from Slavet,” who had been Rumsey’s principal lawyer before and during the initial hearing before the administrative judge. The AJ had previously awarded sanctions based on Slavet’s failure to respond to discovery requests. The Board affirmed the AJ’s refusal to award attorney’s fees for Slavet’s services. Slavet and Rumsey settled their fee dispute, agreeing that Rumsey would pay $120,000 of the $145,445 sought by Slavet. The Federal Circuit reversed. Rumsey carried her burden of showing entitlement to some award of attorney’s fees. View "Rumsey v. Department of Justice" on Justia Law

Rumsey, a Department of Justice employee, protested grant-making decisions and ultimately went to the media and members of Congress and filed a complaint with the Inspector General, alleging fraud. Her efforts resulted in corrective action. Rumsey alleged that the agency subsequently gave her improperly low performance ratings, moved some of her job duties to other employees, and canceled her telework agreement. She prevailed in an individual right of action appeal with the Merit Systems Protection Board, alleging whistleblower reprisal. Rumsey sought attorney’s fees under 5 U.S.C. 1221(g)(1)(B). At the time of that request, Rumsey and Slavet, one of the three lawyers that represented Rumsey during the Board proceedings, were in fee dispute before the District of Columbia Bar, Attorney/Client Arbitration Board. Rumsey “distanced herself from Slavet,” who had been Rumsey’s principal lawyer before and during the initial hearing before the administrative judge. The AJ had previously awarded sanctions based on Slavet’s failure to respond to discovery requests. The Board affirmed the AJ’s refusal to award attorney’s fees for Slavet’s services. Slavet and Rumsey settled their fee dispute, agreeing that Rumsey would pay $120,000 of the $145,445 sought by Slavet. The Federal Circuit reversed. Rumsey carried her burden of showing entitlement to some award of attorney’s fees. View "Rumsey v. Department of Justice" on Justia Law

The issue in this case is whether the Multnomah County Sheriff’s Office (county) complied with the requirements of ORS 408.230(2)(c) to “devise and apply methods” of giving veterans and disabled veterans “special consideration” in the hiring process, or as here, when it failed to promote a disabled veteran. The Bureau of Labor and Industries (BOLI) concluded that the county did fail to comply with the statute, as well as administrative rules that implement it. BOLI ordered the county to comply with the law, to train its staff, and to pay the disabled veteran $50,000 in damages for his emotional distress. The county appealed, but the Oregon Supreme Court concluded BOLI correctly construed ORS 408.230(2)(c) and that, given the unchallenged findings in the agency’s final order, there was no basis for the county’s contention that BOLI erred in finding a violation of that statute. With regard to BOLI’s authority to award damages for emotional distress, the county failed to preserve that argument. The Court therefore affirmed the Court of Appeals and the final order of BOLI. View "Multnomah County Sheriff's Office v. Edwards" on Justia Law

The issue in this case is whether the Multnomah County Sheriff’s Office (county) complied with the requirements of ORS 408.230(2)(c) to “devise and apply methods” of giving veterans and disabled veterans “special consideration” in the hiring process, or as here, when it failed to promote a disabled veteran. The Bureau of Labor and Industries (BOLI) concluded that the county did fail to comply with the statute, as well as administrative rules that implement it. BOLI ordered the county to comply with the law, to train its staff, and to pay the disabled veteran $50,000 in damages for his emotional distress. The county appealed, but the Oregon Supreme Court concluded BOLI correctly construed ORS 408.230(2)(c) and that, given the unchallenged findings in the agency’s final order, there was no basis for the county’s contention that BOLI erred in finding a violation of that statute. With regard to BOLI’s authority to award damages for emotional distress, the county failed to preserve that argument. The Court therefore affirmed the Court of Appeals and the final order of BOLI. View "Multnomah County Sheriff's Office v. Edwards" on Justia Law

Plaintiff Melony Light appealed judgments in favor of her employer, defendant California Department of Parks and Recreation (Department), and her former supervisors, defendants Leda Seals and Kathy Dolinar, following orders granting defendants' motions for summary judgment. Light worked for the Department's Ocotillo Wells District. She alleged numerous claims against the Department, Seals, and Dolinar, including retaliation, harassment, disability discrimination, assault, false imprisonment, negligent infliction of emotional distress, and intentional infliction of emotional distress. The trial court disposed of several claims at the pleading stage. After two and a half years of litigation, the Department, Seals, and Dolinar moved for summary judgment on the remaining claims against them. As to the Department, the Court of Appeal concluded triable issues of material fact precluded summary adjudication of Light's retaliation claim, but not her disability discrimination claim. Light's claim against the Department for failure to prevent retaliation or discrimination therefore survived based on the retaliation claim. As to Seals and Dolinar, the Court concluded contrary to the trial court that workers' compensation exclusivity did not bar Light's claim for intentional infliction of emotional distress under the circumstances here. However, as to the merits of that claim, the Court concluded Light has raised a triable issue of fact only as to Seals, not Dolinar. Furthermore, the Court concluded Light raised triable issues of fact on her assault claim against Seals. Therefore, the Court affirmed in part and reversed in part the judgments in favor of the Department and Seals, and affirmed in full the judgment in favor of Dolinar. View "Light v. Calif. Dept. of Parks & Rec." on Justia Law

Plaintiff Melony Light appealed judgments in favor of her employer, defendant California Department of Parks and Recreation (Department), and her former supervisors, defendants Leda Seals and Kathy Dolinar, following orders granting defendants' motions for summary judgment. Light worked for the Department's Ocotillo Wells District. She alleged numerous claims against the Department, Seals, and Dolinar, including retaliation, harassment, disability discrimination, assault, false imprisonment, negligent infliction of emotional distress, and intentional infliction of emotional distress. The trial court disposed of several claims at the pleading stage. After two and a half years of litigation, the Department, Seals, and Dolinar moved for summary judgment on the remaining claims against them. As to the Department, the Court of Appeal concluded triable issues of material fact precluded summary adjudication of Light's retaliation claim, but not her disability discrimination claim. Light's claim against the Department for failure to prevent retaliation or discrimination therefore survived based on the retaliation claim. As to Seals and Dolinar, the Court concluded contrary to the trial court that workers' compensation exclusivity did not bar Light's claim for intentional infliction of emotional distress under the circumstances here. However, as to the merits of that claim, the Court concluded Light has raised a triable issue of fact only as to Seals, not Dolinar. Furthermore, the Court concluded Light raised triable issues of fact on her assault claim against Seals. Therefore, the Court affirmed in part and reversed in part the judgments in favor of the Department and Seals, and affirmed in full the judgment in favor of Dolinar. View "Light v. Calif. Dept. of Parks & Rec." on Justia Law

The Court of Appeals affirmed the finding of the Workers’ Compensation Commission (WCC) that Employer and Insurer (collectively, Respondents) were entitled to offset the ordinary disability benefits already paid to Petitioner against the temporary total disability benefits paid to him by Respondents.Petitioner suffered injuries primarily to his back and neck while working for Employer. Employer received two different sets of disability benefits from Employer and Insurer, each awarded by a different state agency. Specifically, Petitioner was granted temporary total disability benefits by the WCC and ordinary disability benefits by the State Retirement Agency. The WCC found that Respondents were entitled to a credit for the ordinary disability benefits already paid to Petitioner. On judicial review, the circuit court granted summary judgment in favor of the WCC. The Court of Appeals affirmed, holding that because both sets of benefits compensated Petitioner for the same injury, pursuant to Md. Code Ann. Lab. & Empl. 9-610, the statutory offset properly applied to prevent a double recovery for the same injury. View "Reger v. Washington County Board of Education" on Justia Law

The Court of Appeals affirmed the finding of the Workers’ Compensation Commission (WCC) that Employer and Insurer (collectively, Respondents) were entitled to offset the ordinary disability benefits already paid to Petitioner against the temporary total disability benefits paid to him by Respondents.Petitioner suffered injuries primarily to his back and neck while working for Employer. Employer received two different sets of disability benefits from Employer and Insurer, each awarded by a different state agency. Specifically, Petitioner was granted temporary total disability benefits by the WCC and ordinary disability benefits by the State Retirement Agency. The WCC found that Respondents were entitled to a credit for the ordinary disability benefits already paid to Petitioner. On judicial review, the circuit court granted summary judgment in favor of the WCC. The Court of Appeals affirmed, holding that because both sets of benefits compensated Petitioner for the same injury, pursuant to Md. Code Ann. Lab. & Empl. 9-610, the statutory offset properly applied to prevent a double recovery for the same injury. View "Reger v. Washington County Board of Education" on Justia Law

Employee was terminated from her position as a custodian at a junior high school for stealing or attempting to steal a backpack belonging to a student. The Board of Trustees of Sweetwater County School District No. 1 (Board) upheld Employee’s termination, concluding that there was cause to terminate Employee and there was no prejudice from any claimed defect in the predetermination process. The district court reversed, concluding (1) there was substantial evidence to support the Board’s determination that there was just cause to terminate Employee, but (2) Employee was not provided adequate predetermination process. The Supreme Court reversed the district court’s decision and reinstated the Board’s order upholding the termination, holding that the Board’s decision that Employee received adequate predetermination due process was legally correct and supported by substantial evidence. View "Sweetwater County School District Number One v. Goetz" on Justia Law

The Supreme Court reversed the decision of the court of appeals affirming the determination of the Industrial Commission that Plaintiff was not entitled to any compensation for permanent partial disability under N.C. Gen. Stat. 97-31. Plaintiff suffered a compensable accident and sustained injuries while he was walking at his job site. During the years after his work-related accident, Plaintiff continued to have neck pain. Plaintiff later sought permanent partial disability benefits. After a remand from the Supreme Court, the Commission entered an amended opinion and award denying benefits. The court of appeals affirmed, concluding that the Commission did not err in concluding that Plaintiff was not entitled to any compensation for permanent partial disability. The Supreme Court reversed and remanded, holding that the Commission failed to carry out the court of appeals’ mandate that it make additional findings of fact and conclusions of law on the issue of Plaintiff’s entitlement to benefits under section 97-31. View "Harrison v. Gemma Power Systems, LLC" on Justia Law