Powell v. Department of Defense

How courts have described this case

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

• holding that the Board’s decision regarding voluntariness rested on a “procedural or threshold matter” even if the decision was also “related to the merits” of the discrimination claim
• noting that regulations do not toll claim if employee appeals MSPB dismissal for lack of jurisdiction to Federal Circuit
• holding Federal Circuit had exclusive jurisdiction to review the MSPB dismissal of a case for lack of jurisdiction because a voluntary termination is not an appealable action
• defining mixed-case appeal as \an appeal alleging both a Board-jurisdictional agency action and a claim of unlawful discrimination\ (emphasis added)
• defining “a 'mixed case' appeal” as \an appeal alleging both a Board-jurisdictional agency action and a claim of unlawful discrimination\ (emphasis added)
• defining “a ‘mixed case’ appeal” as “an appeal alleging both a Board-jurisdictional agency action and a claim of unlawful discrimination” (emphasis added)

Source: CourtListener parenthetical corpus (CC0).