ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Federal Judiciary Blogs -> Decision of the Day

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Federal Judiciary

: Decision of the Day

Do Federal Circuit Judges Really Watch South Park?

By Robert Loblaw

ADVERTISEMENTS

Baird v. Department of the Army, 2007-3046 (Fed. Cir., Feb. 26, 2008)

As Mr. Mackey from South Park would say, “drugs are bad, mmmkay?”

It?s not every day that you see a South Park reference in a judicial opinion. And a one-liner in a Federal Circuit decision is even less common.  So who?s the unlikely funny guy? Why, it?s Judge Randall Rader, dissenting from a decision remanding an employment decision to the Merit Systems Protection Board.

Petitioner Kim Baird was removed from her position as a psychiatric nurse in an Army Hospital after she tested positive for marijuana. The MSPB upheld the removal, and she filed suit in the Federal Circuit, arguing that her employer?s purported zero tolerance policy was a sham. On appeal, the majority concludes that Baird?s employer failed to comply with discovery requests, which denied Baird the ability to prove her theory. Accordingly, the Court remands the matter to the MSPB for further proceedings.

Judge Rader dissents, arguing that Baird had ample opportunity to prove her case, and the administrative judge did not abuse his discretion in imposing reasonable limits on further discovery. He also argues that the Court should not interfere with the federal government?s efforts to enforce a zero tolerance drug policy in its workplaces.

Full post as published by Decision of the Day on February 26, 2008 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0021 secs (from cache 10/31/26 04:46:47)