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.
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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.
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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.
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