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December 31, 2008

Table of Contents

LATEST SUMMARIES

ADMINISTRATIVE LAW, CIVIL PROCEDURE, GOVERNMENT BENEFITS, HEALTH LAW, MILITARY LAW
• Emenaker v. Peake

ADMINISTRATIVE LAW, CONSTRUCTION, CONTRACTS, GOVERNMENT CONTRACTS, GOVERNMENT LAW, MILITARY LAW
• Conner Bros. Constr. Co. v. Geren

ADMINISTRATIVE LAW, GOVERNMENT LAW, LABOR & EMPLOYMENT LAW
• Palmer v. Merit Sys. Prot. Bd.

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LATEST SUMMARIES

ADMINISTRATIVE LAW, CIVIL PROCEDURE, GOVERNMENT BENEFITS, HEALTH LAW, MILITARY LAW
Emenaker v. Peake, No. 2008-7051
Decision of the Court of Appeals for Veterans Claims to deny veteran's request for benefits attributable to a service-connected disability stemming from a neurological disorder is affirmed because veteran failed to raise his present argument in the Court of Appeals for Veterans Claims in the first instance, and had therefore failed to preserve the issue for appeal. Read more...

ADMINISTRATIVE LAW, CONSTRUCTION, CONTRACTS, GOVERNMENT CONTRACTS, GOVERNMENT LAW, MILITARY LAW
Conner Bros. Constr. Co. v. Geren, No. 2008-1188
The Armed Services Board of Contract Appeals correctly denied contractor's claim for delay damages caused when Army denied access to construction site for 41 days following the September 11, 2001 terrorist attacks, because the sovereign acts doctrine shielded the Army from any liability for its decision to deny access to the construction site for security purposes while Army Rangers prepared for deployment. Read more...

ADMINISTRATIVE LAW, GOVERNMENT LAW, LABOR & EMPLOYMENT LAW
Palmer v. Merit Sys. Prot. Bd., No. 2008-3001
Employee's complaint against the US Postal Service, alleging failure to credit him for annual and sick leave accrued while he was on leave without pay, was properly dismissed by the Merit Systems Protection Board for lack of jurisdiction. The employee: 1) was not denied return to work; and 2) did not allege failure to credit time spent on compensation for purposes of rights and benefits based on length of service, as required to vest the Board with jurisdiction over his complaint. Read more...


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