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   Federal Courts - Federal Circuit Court of Appeals - February 12, 2007

  
Cottrell v. United States, 2006-5115, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 12, 2007, Decided , February 12, 2007, Filed
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Devera v. Smithsonian Inst., 20 06-3354, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 12, 2007, Decided
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Overview: Federal employee waived his right to challenge enforceability of a settlement agreement where there was no record that he challenged the enforceability of the agreement before the Merit Systems Protection Board. Even if employee had preserved his challenge, his contentions failed to show that agreement was entered into involuntarily.

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Figueroa-Sierra v. Nicholson, 2007-7014, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 12, 2007, Decided , February 12, 2007, Filed
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Hunter v. VA, 20 06-3338, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 12, 2007, Decided
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Overview: Administrative judge properly held that a former federal employee failed to show noncompliance by the VA with a settlement agreement where the VA assisted the employee with her disability application as required. Fact that the employee received no response on her application from OPM did not indicate noncompliance as the VA had no control over OPM.

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LP Matthews, L.L.C. v. Bath & Body Works, Inc., 2007-1123, 2007-1124, 2007-1137, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 12, 2007, Decided , February 12, 2007, Filed
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MacDonald v. Nicholson, 06-7008, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 12, 2007, Decided , February 12, 2007, Filed
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McFadden v. Dep't of the Treasury, 2006-3349, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 12, 2007, Decided
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Overview: Substantial evidence supported finding by MSPB that removed federal employee engaged in conduct unbecoming a member of senior executive service; there was testimony that petitioner denied knowledge of how an item was placed on a discussion list for a meeting, and e-mail evidence established he had in fact requested that the item be placed on list.

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PHG Techs., LLC v. St. John Cos., 06-1169, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 12, 2007, Decided , February 12, 2007, Filed
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Palahnuk v. United States, 2006-5069, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 12, 2007, Decided
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Overview: Income from stock options that a taxpayer received from his employer was taxable in the year he exercised the options rather than when he paid off the margin loan used to purchase the stock. Any risk of decline in value of the shares was transferred to taxpayer; that the brokerage could have sold the stock in certain situations was of no moment.

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Perlan Therapeutics, Inc. v. Nexbio, Inc., 2006-1621, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 12, 2007, Filed
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