Jurisdiction Question in MSPB Mixed Case Appeals Must Be Decided by Federal Circuit, Not District Court | Practical Law
In Perry v. MSPB, the US Court of Appeals for the District of Columbia Circuit held that in a presumed "mixed case appeal" where the Merit Systems Protection Board (MSPB) dismisses an employee's appeal based on lack of jurisdiction, employee appeals of that dismissal are heard by the Federal Circuit, not by a US district court.