No. 19-418

Benoit Brookens v. Patrick Pizzella, Acting Secretary of Labor

Lower Court: District of Columbia
Docketed: 2019-09-27
Status: Denied
Type: Paid
Response Waived
Tags: appeal civil-rights district-court due-process federal-circuit jurisdiction merit-systems-protection-board mixed-appeal non-discrimination
Key Terms:
Arbitration
Latest Conference: 2019-11-22
Question Presented (from Petition)

(A) Whether the Federal Circuit has
jurisdiction over non-discrimination
issues in a mixed appeal filed within 60
days of the decision by the Merit
Systems Protection Board pursuant to 5
U.S.C. 7703(b)(1)(A).

(B) Whether the D.C. Circuit erred in
summarily affirming that the transferee
U.S. District Court under 28 U.S.C.
1631, from the Federal Circuit, "in the
interest of just" lacked jurisdiction?

Question Presented (AI Summary)

Whether the Federal Circuit has jurisdiction over non-discrimination issues in a mixed appeal filed within 60 days of the decision by the Merit Systems Protection Board pursuant to 5 U.S.C. 7703(b)(1)(A)

Docket Entries

2019-11-25
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2019-11-06
DISTRIBUTED for Conference of 11/22/2019.
2019-10-28
Waiver of right of respondent Pizzella, Sec. Dept. of Labor to respond filed.
2019-05-20
Petition for a writ of certiorari filed. (Response due October 28, 2019)

Attorneys

Benoit Brookens
Benoit Brookens III — Petitioner
Pizzella, Sec. Dept. of Labor
Noel J. FranciscoSolicitor General, Respondent