· 6/11/1999
Milton R. Stone v. Federal Deposit Insurance Corporation
Citations
- 179 F.3d 1368
- 1999 U.S. App. LEXIS 12120
- 1999 WL 378523
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that ex parte communications that introduce new and material information to the deciding official will violate the due process guarantee of notice
- holding that merely cumulative evidence that is not new and material and does not undermine objectivity does not implicate due process guarantee of notice
- holding that a DO’s consideration of an ex parte communication may violate an employee’s right to due process where it introduces new and material evidence
- holding that introducing new and material information to the deciding official can undermine an employee’s due process guarantee of notice and the opportunity to respond
- holding that § 7513(a) created a property interest in con- tinued employment “unless the agency could show [the em- ployee] needed to be removed for cause or unacceptable performance”
- recognizing that public employees are “entitled to whatever other procedural protections are afforded them by statute, regulation, or agency procedure which is in addition to the protections afforded by the Constitution”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lourie, Smith, Gajarsa
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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