Dennis Dunn and Frank Ruiz v. Department of Veterans Affairs

How courts have described this case

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

• holding that a negligently conducted investigation might give rise to an affirmative finding under Allen category 5
• detecting no presumption in the law supporting “a per se rule in favor of fees”
• agreeing with the Board’s rejection of a per se rule in favor of fees in cases when the charges are sustained but the penalty is mitigated and explaining that no presumption exists that fees are warranted in such cases
• “This court reviews an arbitrator’s decision ‘in the same manner’ as decisions of the Merit Systems Pro- tection Board.”
• “This court reviews an arbitrator’s decision ‘in the same manner’ as decisions of the Merit Systems Pro- tection Board.”
• “Under the express terms of section 7701(g)(1), however, [petitioners] do not receive fees merely because they prevailed before the arbitrator.”

Source: CourtListener parenthetical corpus (CC0).