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| Brown v. MSPB, 2006-3220,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 22, 2007, Decided
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Overview: An AJ properly dismissed a letter carrier's appeal of the MSPB's decision dismissing his appeal of an alleged constructive suspension for lack of jurisdiction where the carrier failed to present nonfrivolous allegations as to pertinent, material facts and applied the correct legal test for determining jurisdiction.
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| Clintwood Elkhorn Mining Co. v. United States, 04-5155, -5156,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 22, 2007, Decided
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Overview: The taxpayers were entitled to interest on the first three years of their Tucker Act recovery of export taxes that were illegally levied because logic and tax and damages law did not support the U.S.'s position that no interest could be paid under 28 U.S.C.S. § 2411 except for the period for which interest could be paid under 26 U.S.C.S. § 6511.
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| Letz v. DOI, 06-3180,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 22, 2007, Decided
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Overview: A federal firefighter's application for an enhanced annuity under 5 U.S.C.S. § 8412 was time-barred because he failed to apply for the special retirement within the six-month window of starting a job, as required by 5 C.F.R. § 842.804(c) (2006), or within a one-time special deadline established by the agency that employed him.
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| Eberle Design, Inc. v. Reno A&E, 2006-1236, 2006-1247,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 23, 2007, Decided , January 23, 2007, Filed
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| Forest Labs., Inc. v. United States, 2006-1227,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 23, 2007, Decided
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Overview: Bureau of Customs and Border Protection had no authority to change the statutorily mandated tariff rates for merchandise that was properly classified under HTSUS. Its liquidation of the entries at the duty rate applied did not constitute a modification of a prior interpretive ruling so as to trigger requirements of 19 U.S.C.S. § 1625(c).
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| Int'l Gamco, Inc. v. Multimedia Games, Inc., 2007-1034,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 23, 2007, Decided , January 23, 2007, Filed
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| Vas-Cath, Inc. v. Curators of the Univ. of Mo., 06-1100,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 23, 2007, Decided
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Overview: Where a state university prevailed in establishing priority of invention in an interference proceeding, state sovereign immunity did not bar subsequent judicial review of the administrative decision since the university waived its immunity by invoking the statutory interference process and judicial review was a part of that process.
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