Commonwealth v. Ely, G.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that, in the absence of evidence, the third Carr factor “plays no role in our analysis”
• adopting the test articulated in Carr v. Soc. Sec. Admin., 185 F.3d 1318, 1323 (Fed. Cir. 1999)
• adopting the Federal Circuit’s three-factor test, as set out in Carr v. Social Security Administration, 185 F.3d 1318, 1323 (Fed. Cir. 1999), for determining whether the agency has carried this burden
• adopting our “holdings to the effect that an employee may be disciplined for the way in which he or she communicates a protected Case: 23-1552 Document: 57 Page: 21 Filed: 01/17/2025 BISWAS v. DVA 21 disclosure”
• employee’s statements of employer misconduct based on his own suspicions were not recklessly or maliciously false and were matters of public concern

Source: CourtListener parenthetical corpus (CC0).