· 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 CourtListenerSourced 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.