Thomas W. HILL, Petitioner, v. DEPARTMENT OF THE AIR FORCE, Respondent

How courts have described this case

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

• holding that, when the appellant presents a nonfrivolous allegation of prohibited discrimination before the Board, the appeal is a mixed case, and the court’s jurisdiction is governed by 5 U.S.C. § 7703(b)(2)
• “It was plainly not the intent of Congress to enable manipulation of ... jurisdiction by the mere mention of discrimination in a petition for review.”
• if facially \mixed\ complaint does not state cognizable discrimination claim, Federal Circuit retains exclusive jurisdiction
• “To transfer a case containing a specious or inadequate allegation of authority in the transferee court, without review of the threshold issue of jurisdiction, would violate both 28 U.S.C. § 1631 and our judicial re- sponsibility.”
• “[I]f the Board correctly held that the employee presented no more than a frivolous allegation of discrimination then there never was a ‘mixed case’, and review of the merits of the adverse action lies exclusively with the Federal Circuit.”

Source: CourtListener parenthetical corpus (CC0).