| 25-450 |
Paul W. Parker, as Personal Representative of the Estate of Curtis John Rookaird v. BNSF Railway Company, a Delaware Corporation |
Ninth Circuit |
2025-10-15 |
Denied |
Response Waived |
adverse-employment burden-shifting clear-and-convincing-evidence personnel-action protected-conduct whistleblower-protection |
Whether AIR 21's affirmative defense is satisfied where an employer proves protected activity played only a limited role along with non-protected cond… |
| 25-103 |
BofI Federal Bank, nka Axos Bank v. Charles Matthew Erhart |
Ninth Circuit |
2025-07-28 |
Denied |
Response Waived |
affirmative-defense burden-shifting employment-law personnel-action sarbanes-oxley whistleblower-protection |
Under AIR-21's two-step framework, can evidence showing an employee's protected activity was a contributing factor in the unfavorable personnel action… |
| 24-67 |
Tammie L. Terrell v. Denis R. McDonough, Secretary of Veterans Affairs |
Eleventh Circuit |
2024-07-19 |
Denied |
Response Waived |
age-discrimination-in-employment-act burden-of-proof but-for-causation causation differential-treatment employment-discrimination federal-employment personnel-action retaliation title-vii |
Whether differential treatment must contribute to the ultimate decision |
| 22-660 |
Trevor Murray v. UBS Securities, LLC, et al. |
Second Circuit |
2023-01-18 |
Judgment Issued |
Amici (14)Relisted (2) |
affirmative-defense burden-shifting employment-law intent personnel-action retaliation retaliatory-intent sarbanes-oxley whistleblower whistleblower-protection |
Under the burden-shifting framework that governs Sarbanes-Oxley cases, must a whistleblower prove his employer acted with a 'retaliatory intent' as pa… |
| 19-621 |
Thomas F. Sweeney v. Merit Systems Protection Board |
Fourth Circuit |
2019-11-14 |
Denied |
Response Waived |
administrative-procedure adverse-personnel-action agency-decision-making air-traffic-control civil-rights due-process employment-law federal-employment merit-systems-protection-board mspb personnel-action termination |
Is a final decision to terminate the training of a FAA Air Traffic Control Specialist — In Training employee by FAA management a reduction in grade or… |
| 19-144 |
James Thomas Ryan v. Department of Defense |
Federal Circuit |
2019-07-31 |
Denied |
Response Waived |
administrative-law civil-procedure constitutional-rights due-process employment federal-circuit federal-circuit-court-of-appeals federal-employment merit-systems-protection-board notice-and-opportunity personnel-action whistleblower-protection |
Can the government sustain a specification without giving the employee notice? |
| 18-38 |
Illya Erwin v. Department of the Army |
Federal Circuit |
2018-07-06 |
Denied |
Response WaivedRelisted (2) |
5-cfr-315-804 5-usc-1221 5-usc-2302 administrative-law civil-rights due-process federal-circuit personnel-action probationary-employee prohibited-personnel-practice termination-defense whistleblower whistleblower-protection |
Whether the agency can claim it would have taken the same personnel action absent whistleblower disclosure based on grounds not stated in the terminat… |