Where are you located? Do you live in DC?Federal employee filed a appeal due to initial decision from MSPB. Will I receive a brief from the opposing side if they file? Filed my brief on 20 May and have not received anything else. What else should be happening and what happens if they do not file their brief?
Yes. Rule 31 of the Federal Rules of Appellate Procedure (FRAP) require that briefs be served on the opposing party as well as filing them with the Court. Note that multiple copies of the briefs are required.Federal employee filed a appeal due to initial decision from MSPB. Will I receive a brief from the opposing side if they file?
There is no requirement that the MSPB or the agency (depending on the nature of your appeal) file a responding brief. The statute tells the Appeals Court to review the matter on the record of the MSPB proceeding and the standard to be used in that review. Specifically, it says:What else should be happening and what happens if they do not file their brief?
In this case it won't matter. The applicable statute provide that all appeals of Merit System Protection Board (MSPB) decisions must be filed with the U.S. Court of Appeals for the Federal Circut with exception of a limited class of such cases in which case the employee has a choice of courts, but the Federal Circuit is always one of the options. Thus, that Court has the jurisdiction to hear any appeal of a MSPB decision, and the rules that apply will be the same regardless of the state, district, possession, or territory in which the employee resides.Where are you located? Do you live in DC?
I realize that we generally ask that of all posters here, but as I understand it the reason for doing so is that to answer most questions asked here we need to know the applicable law and in most circumstances to know what that law is we need to know where the poster is located or the state where the relevant events took place. This is one of the limited subset of situations though where it just really doesn't matter. I don't fault you for asking about it, I was just explaining for those who don't know why it doesn't matter in this instance.Taxing, I was asking for the name of jaybrown’s state, a question asked of all posters to this forum.
It is asked of all posters to this forum that they provide the name of their state.I realize that we generally ask that of all posters here, but as I understand it the reason for doing so is that to answer most questions asked here we need to know the applicable law and in most circumstances to know what that law is we need to know where the poster is located or the state where the relevant events took place. This is one of the limited subset of situations though where it just really doesn't matter. I don't fault you for asking about it, I was just explaining for those who don't know why it doesn't matter in this instance.
It wasn't a lecture. I was explaining my understanding (and I explicitly said it was simply my understanding) of why the state is requested on this site in case you or someone else knew of another reason why it is asked of everyone. I've never seen any clear statement on this site as to why the question is asked. It is obvious to me that many questions do depend on state law or, with some questions of federal law, may depend on the applicable court of appeals circuit. So that reason does not surprise me. However, I don't assume that must be the only reason; there might be more to it that is not obvious to me. I don't assume I know everything about how this site is organized and operated. For example, there are some practices of this site that still baffle me — the reason for them isn't entirely clear. However, as the saying goes, it is what it is.I did find it odd that you felt the need to lecture me on the need for a state name, though.
True. And I've often thought that perhaps the site could do something to make it more clear to people that this site only covers law in the U.S. Perhaps some kind informational statement on the page for writing new messages that lets them know that if their issue involves a situation outside the U.S. that we can't help.Several posters post from other countries.
Some time ago, after some discussion, the question asking for the state name was inserted for that very reason, but it (obviously) falls short.True. And I've often thought that perhaps the site could do something to make it more clear to people that this site only covers law in the U.S. Perhaps some kind informational statement on the page for writing new messages that lets them know that if their issue involves a situation outside the U.S. that we can't help.
The “What is the name of your state? U.S. Law Only” phrase is a confusing one at best. Many posters from other countries do not think they have to identify a state name if they don’t have a U.S. law question.True. And I've often thought that perhaps the site could do something to make it more clear to people that this site only covers law in the U.S. Perhaps some kind informational statement on the page for writing new messages that lets them know that if their issue involves a situation outside the U.S. that we can't help.