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· 12/1/2009

Marshall v. Department of Health and Human Services

Citations

  • 587 F.3d 1310
  • 187 L.R.R.M. (BNA) 2609
  • 2009 U.S. App. LEXIS 26065
  • 2009 WL 4256952

How courts have described this case

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

  • finding that a veteran was entitled to receive the difference “between the pay and benefits” he actually earned in his lower-grade Federal position and those he would have earned had an agency not violated his VEOA rights by failing to select him for a higher-grade position
  • finding that a veteran was entitled to receive the difference “between the pay and benefits” he actually earned in his lower-grade Federal position and those he would have earned had an agency not violated his VEOA rights by failing to select him for a higher-grade position
  • finding a veteran entitled to lost wages or benefits from the date of the selection that violated his veterans’ preference rights until he was placed in, or declined, the position at issue
  • finding a veteran entitled to lost wages or benefits from the date of the selection that violated his veterans’ preference rights until he was placed in, or declined, the position at issue
  • “[R]econstruction may be an appropriate way to comply in situations where it is unknown whether a veteran would have been selected for a position. ”
  • “[R]econstruction does not allow an agency to conduct a new selection process under new circumstances.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Michel, Newman, Moore

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.