ABUTALIB v. MERIT SYSTEMS PROTECTION BOARD

No. 2023-1400.

JABEEN N. ABUTALIB, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

Decided: January 28, 2025.


Attorney(s) appearing for the Case

J. DEREK McCORQUINDALE, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Reston, VA, argued for petitioner. Also represented by JAMESON KYLE GARDNER, LUKE HAMPTON MacDONALD.

STEPHEN FUNG, Office of the General Counsel, United States Merit Systems Protection Board, Washington, DC, argued for respondent. Also represented by ALLISON JANE BOYLE, KATHERINE MICHELLE SMITH.

Before CHEN, BRYSON, and STOLL,


Jabeen N. Abutalib, a physician with the Veterans Health Administration ("VHA"), sought corrective action from the Merit Systems Protection Board for personnel actions she alleged to be in retaliation for the Equal Employment Opportunity ("EEO") complaint that she filed. The Board held that Dr. Abutalib failed to make a nonfrivolous...

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