FORD-CLIFTON v. Department of Veterans Affairs
2011 U.S. App. LEXIS 21124
| Fed. Cir. | 2011Background
- Ford-Clifton was removed from the Department of Veterans Affairs on January 23, 2009.
- She had prior documented mental and physical health issues, including depression in 2008 and deep vein thrombosis treatment in 2009.
- March 19, 2009, the parties settled the dispute with a settlement agreement withdrawing pending actions and waiving claims related to pre-agreement conduct.
- Administrative Judge (AJ) dismissed the appeal as settled on March 26, 2009; the decision became final on April 30, 2009.
- Ford-Clifton filed a new appeal on November 9, 2009, attempting to place herself back in the DVA; the basis was unclear.
- Board initially dismissed the new appeal on March 19, 2010 for procedural/merits reasons, then denied review on April 17, 2010, and relied on law-of-the-case doctrine related to the settlement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board properly denied good cause for late filing | Ford-Clifton's depression and medical issues caused delay | Board reasonably found no evidence covering the entire delay period and no how-depression prevented filing | No good cause; Board's dismissal affirmed |
| Whether the second appeal was barred by res judicata or law-of-the-case | Law-of-the-case prevented relitigation of the removal | Res judicata applies because the settlement resolved all issues | Dismissal upheld; res judicata/Waiver bars relitigation; law-of-the-case analysis rejected as correct framework |
Key Cases Cited
- Zamot v. Merit Sys. Prot. Bd., 332 F.3d 1374 (Fed.Cir.2003) (burden to show good cause for late filing is heavy)
- Mendoza v. Merit Sys. Prot. Bd., 966 F.2d 650 (Fed.Cir.1992) (discretion to waive regulatory time limit; defer to Board)
- Epic Metals Corp. v. H.H. Robertson Co., 870 F.2d 1574 (Fed.Cir.1989) (consent judgments have same force as judgments after merits)
- Hallco Mfg. Co. v. Foster, 256 F.3d 1290 (Fed.Cir.2001) (dismissal with prejudice constitutes final judgment on merits)
- Pactiv Corp. v. Dow Chem. Co., 449 F.3d 1227 (Fed.Cir.2006) (dismissal with prejudice bars relitigation for preclusion)
- Sullivan v. Dep't of Justice, 282 Fed. Appx. 828 (Fed.Cir.2008) (affirming dismissal on res judicata where appeal arose from settled event)