Tuesday, May 13th, 2008

9th Cir: Title VII and FBI Security Clearances

Federal courts lack jurisdiction to review FBI security clearances, even if the clearance issue arises in a Title VII claim, according to the 9th Circuit.
Federal courts do not have the power to review an agency’s decision to grant or revoke a security clearance. See [Dorfmont v. Brown, 913 F.2d 1399, 1401 (9th Cir. 1990)].  This lack of […]

Tuesday, May 13th, 2008

9th Cir: BIA’s Duty to Its Native American Employees

The 9th Circuit has held that neither the Indian Preference Act nor the federal government’s trust responsibilities toward tribes required the BIA to give actual notice of changes in the rules for calculating Civil Service retirement benefits of BIA employees.  The court held that constructive notice via publication in the Federal Register suffices for Native […]

Tuesday, May 13th, 2008

DAlaska: Extended Time to Appeal

If your office staff receives notice of entry of judgment but you miss the 30- or 60-day deadline to appeal a District Court judgment, can your client get relief under either Appellate Rule 4 or Civil Rule 60(b)?  Judge Sedwick says, No.
The District Court granted the defendant’s unopposed motion to dismiss.  The Clerk then sent out electronic […]