Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Before MICHEL, Chief Judge, PLAGER, and LINN, Circuit Judges.

William Armstrong filed an untimely petition for review with the Merit Systems Protection Board (MSPB), seeking review of the Administrative Judge’s (AJ’s) decision dismissing his case under a settlement agreement. The MSPB declined to decide Armstrong’s petition for review, finding that, because Armstrong’s new evidence of fraud in the procurement of the agreement was insufficient to render the agreement invalid, it would not excuse the untimeliness of his petition. Because the MSPB improperly conflated the issue of timeliness with the ultimate decision on the merits of Armstrong’s claim, we vacate the MSPB’s decision on the petition for review, and we remand for further proceedings to determine whether the MSPB should waive its timeliness requirement to permit Armstrong’s case to be decided on the merits.

The MSPB also held that Armstrong abandoned any appeal from the AJ’s separate decision that Armstrong’s employing agency, the Treasury Inspector General for Tax Administration (TIGTA), had not breached the settlement agreement. Because we agree with the MSPB that Armstrong abandoned the appeal of that decision, we affirm the MSPB with respect to its compliance decision.

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Pennsylvania Legal Awards (PALA) 2023

June 14, 2023
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania with their dedication to law.

Learn More

Consulting Top Consultants 2023

June 15, 2023
New York, NY

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.

Learn More

Southeastern Legal Awards (SLA) 2023

June 22, 2023
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.

Learn More


Auto defense counsel seeking paralegal for discovery demands and responses as well as other legal documents. Salary range 50k to 65k depend...

Apply Now ›


Needed to assist in drafting, preparing and filing legal docs through NYSCEF in accordance with attorney instructions. An associate degree, ...

Apply Now ›

Litigator (Of-Counsel) - New York

Civil/Commercial Litigator (of-counsel) in Nassau or Queens county earnestly sought. Office located at Station Plaza (Great Neck) (2 mins w...

Apply Now ›



SCHIRMER LAW LLC Celebrating 7 years of Excellent Service

View Announcement ›



Pond Lehocky Giordano LLP would like to announce that....

View Announcement ›



HARTMANN DOHERTY ROSA BERMAN & BULBULIA LLC's Matrimonial & Family Practice Warmly Welcomes the Honorable Peter J. Melchionne (Ret.) to Lead its New Family Law Dispute Resolution Team.

View Announcement ›