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   Federal Courts - Federal Circuit Court of Appeals - February 16, 2007

  
Bonner v. VA Pittsburgh Healthcare Sys., 05-3349, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 16, 2007, Decided
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Overview: A court lacked jurisdiction under 5 U.S.C.S. § 7121(f) to review a federal employee's suspension since the employee was appointed by VA as a health-care professional outside of civil service under 38 U.S.C.S. § 7401(1), and thus the employee was not within the coverage of statutory adverse actions reviewable under 5 U.S.C.S. § 7121(f).

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Finisar Corp. v. DirecTV Group, Inc., 2007-1023, -1024, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 16, 2007, Decided
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Imagination & Info., Inc. v. Gates, 2006-1577, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 16, 2007, Decided , February 16, 2007, Filed
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In re Hays, 2006-1311, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 16, 2007, Decided , February 16, 2007, Filed
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In re Schachar, 2006-1373, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 16, 2007, Decided , February 16, 2007, Filed
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Kalil v. Dep't of Agric., 06-3098, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 16, 2007, Decided
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Overview: Substantial evidence supported MSPB's decision to affirm employee's suspension because the outrageous character of the ex parte contact by the employee, an attorney, with a court regarding ongoing litigation supplied clear and convincing evidence that agency would suspended him absent any whistle-blowing activities under 5 U.S.C.S. § 2302(b)(8)(A).

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Manning v. United States, 2006-1553, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 16, 2007, Decided , February 16, 2007, Filed
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RFR Indus. v. Century Steps, Inc., 2005-1610, 2006-1285, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 16, 2007, Decided
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Overview: District court erred in granting alleged patent infringer's motion for judgment on pleadings because patent assignee voluntarily dismissed action under Fed. R. Civ. P. 41(a)(1)(i) before alleged infringer served its answer on assignee. Because alleged infringer was not prevailing party, it was not entitled to attorney fees under 35 U.S.C.S. § 285.

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Ryste & Ricas, Inc. v. Harvey, 06-1196, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 16, 2007, Decided
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Overview: In view of the plain language of the applicable regulations, 48 C.F.R. §§ 52.249-2(e), 2.101, and the court's decision in Swanson Group, the contractor was required to submit its termination settlement proposal within one year of the effective date of termination. It failed to do so. Summary judgment in favor of Department of the Army was affirmed.

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