Kloeckner v Solis (2012)

Docket
11-184
Decided
2012-01-01

Summary

Question: Does a District Court or a Court of Appeals have jurisdiction over an employment discrimination claim that was dismissed by the Merit Systems Protection Board without ruling on the merits? Conclusion: Yes, the district court has jurisdiction. Justice Elena Kagan delivered the opinion of the unanimous Court. The Court held that the two relevant sections of Civil Service Reform Act both direct mixed cases to the district court rather that the Court of Appeals for the Federal Circuit. There was no legislative history to support a reading of the statutes as creating a distinction between merits-based as opposed to procedural appeals. The Court also held that Kloeckner's appeal was timely because it was filed within 30 days of her received notice of a "judicially reviewable action."

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