No. 19-748
John B. Lepore v. Office of Personnel Management
Response Waived
Tags: administrative-judge-findings administrative-law annuity-calculation basic-pay civil-procedure civil-procedure-rule-52-a-6 creditable-service due-process fact-finding federal-employment government-benefits government-employee-retirement government-employment judicial-review retirement-benefits statutory-interpretation
Key Terms:
Immigration
Immigration
Latest Conference:
2020-01-17
Question Presented (from Petition)
The question presented is whether the court below had the right to ignore that finding, in plain violation of Rule 52(a)(6) which states that
"Findings of fact, whether based on oral or other evidence, must not be set aside unless clearly erroneous, and the reviewing court must give due regard to the trial court's opportunity to judge the witnesses' credibility."
Question Presented (AI Summary)
Whether the court below had the right to ignore the finding that the petitioner's retirement date was April 16, 1983
Docket Entries
2020-01-21
Petition DENIED.
2019-12-30
DISTRIBUTED for Conference of 1/17/2020.
2019-12-26
Waiver of right of respondent Office of Personnel Management to respond filed.
2019-05-06
Petition for a writ of certiorari filed. (Response due January 13, 2020)
Attorneys
John Lepore
Norman H. Jackman — Jackman and Roth LLP, Petitioner
Office of Personnel Management
Noel J. Francisco — Solicitor General, Respondent