Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Kahn v. Dep't of Justice

The Federal Circuit reversed a final decision of the Merit Systems Protection Board, dismissing for lack of jurisdiction an individual right of action appeal filed by the petitioner, a special agent with the Drug Enforcement Administration, under the Whistleblower Protection Act. In his individual right of action appeal, the petitioner alleged that his 2005 job transfer was in retaliation for his having made protected disclosures under the Whistleblower Protection Act. Holding that the petitioner made "non-frivolous allegations that the disclosures he made were outside of his normal duties," the Federal Circuit reversed the determination that the Board lacked jurisdiction and remanded the matter to the Board for a hearing on the merits.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Before NEWMAN, LOURIE, and SCHALL, Circuit Judges.

Douglas Kahn is a Special Agent (“SA”) of the Drug Enforcement Administration (“DEA”), a component of the Department of Justice. He is assigned to the DEA’s Atlanta Field Division. In this appeal, he petitions for review of the final decision of the Merit Systems Protection Board (“Board”) that dismissed for lack of jurisdiction his individual right of action (“IRA”) appeal under the Whistleblower Protection Act, 5 U.S.C. § 2302(b)(8) (2000) (“WPA”). Kahn v. Dep’t of Justice, No. AT-1221-06-0966-W-1 (M.S.P.B. Mar. 23, 2007) (“Final Decision”).*fn1 In his IRA appeal, Mr. Kahn alleged that his 2005 transfer from Beaufort, South Carolina, to the Atlanta Field Division was in retaliation for his having made protected disclosures under the WPA. The AJ dismissed the appeal for lack of jurisdiction after concluding that the disclosures Mr. Kahn made were not protected disclosures under the WPA because they were made as part of his normal duties. Id. at 5. Because we hold that Mr. Kahn made non-frivolous allegations that the disclosures he made were outside of his normal duties, we reverse the Final Decision and remand the case to the Board for further proceedings consistent with this opinion.

BACKGROUND

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
FEDERAL PUBLIC DEFENDER VACANCY MIDDLE DISTRICT OF PENNSYLVANIA

FEDERAL PUBLIC DEFENDER VACANCY MIDDLE DISTRICT OF PENNSYLVANIA Refer to: www.ca3.uscourts.gov for detailed announcement...


Apply Now ›
BUSINESS LITIGATION ASSOCIATE -- BOSTON, MA

The Business Litigation Group of the Boston office of McCarter & English seeks a litigation associate with 3-5 years of business litigat...


Apply Now ›
TRUSTS & ESTATES ATTORNEY

McCarter and English is actively seeking a trusts and estates associate for our Newark, NJ office with 3-5 years of experience in estate pla...


Apply Now ›
Go to Lawjobs