Here’s a recap of the oral arguments. The issue has to do with where a mixed case (CSRA and discrimination claims) may go–before a district court vs. the Federal Circuit–when the MSPB dismissed the appeal on procedural grounds (e.g., timeliness) and did not reach the merits of the discrimination claim.
A decision is expected later this year or early 2013.
It’s rigged and will never get to trial.
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