88 Cited authorities

Winter v. Natural Res. Def. Council, Inc.
555 U.S. 7 (2008) Cited 16,785 times 56 Legal Analyses
Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"
Nken v. Holder
556 U.S. 418 (2009) Cited 3,292 times 7 Legal Analyses
Holding that "courts must be mindful that the Government's role as the respondent in every removal proceeding does not make the public interest in each individual one negligible"
Taylor v. Sturgell
553 U.S. 880 (2008) Cited 3,164 times 12 Legal Analyses
Holding that adequate representation requires that "[t]he interests of the nonparty and her representative are aligned" and "the party understood herself to be acting in a representative capacity."
Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit
507 U.S. 163 (1993) Cited 5,112 times 2 Legal Analyses
Holding that there is no heightened pleading requirement in § 1983 suits against municipalities
Clinton v. Jones
520 U.S. 681 (1997) Cited 2,694 times 4 Legal Analyses
Holding in Section 1983 action no absolute immunity for damages arising from "unofficial conduct"
Munaf v. Geren
553 U.S. 674 (2008) Cited 1,644 times 5 Legal Analyses
Holding that civilian U.S. citizens held in U.S. military custody in Iraq could petition for a writ of habeas corpus in federal district court
Kontrick v. Ryan
540 U.S. 443 (2004) Cited 1,665 times 5 Legal Analyses
Holding that time limit for objection in bankruptcy proceedings is not jurisdictional but instead a claim-processing rule
Forrester v. White
484 U.S. 219 (1988) Cited 3,042 times 2 Legal Analyses
Holding that judges are not absolutely immune for administrative acts
Montana v. United States
440 U.S. 147 (1979) Cited 3,591 times 3 Legal Analyses
Holding that "once an issue is actually and necessarily determined by a court of competent jurisdiction, that determination is conclusive in subsequent suits based on a different cause of action involving a party to the prior litigation"
Northern Pipeline Co. v. Marathon Pipe Line Co.
458 U.S. 50 (1982) Cited 2,967 times 20 Legal Analyses
Holding that the Bankruptcy Act of 1978 was unconstitutional in part because it allowed bankruptcy courts to adjudicate state common law claims
Section 701 - Application; definitions
5 U.S.C. § 701 Cited 9,366 times 36 Legal Analyses
Adopting the definition given in Section 551
Section 1361 - Action to compel an officer of the United States to perform his duty
28 U.S.C. § 1361 Cited 6,557 times 4 Legal Analyses
Granting to the district courts "original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff"
Section 7701 - Appellate procedures
5 U.S.C. § 7701 Cited 978 times
Granting the Board appellate jurisdiction over an employee's appeal "from any action which is appealable to the Board under any law, rule, or regulation"
Section 5596 - Back pay due to unjustified personnel action
5 U.S.C. § 5596 Cited 494 times
Authorizing back pay awards to employees “affected by an unjustified or unwarranted personnel action”
Section 8901 - Definitions
5 U.S.C. § 8901 Cited 327 times 3 Legal Analyses
Defining "carrier" as an organization "lawfully engaged in providing, paying for, or reimbursing the cost of, health services . . . in consideration of premiums or other periodic charges payable to the carrier"
Section 2105 - Employee
5 U.S.C. § 2105 Cited 270 times 1 Legal Analyses
Providing that the term "'employee,'" for purposes of Title 5, ordinarily includes "an individual ... appointed in the [federal] civil service by ... an adjutant general designated by the Secretary [of the Army or of the Air Force] under section 709[(d)] of title 32"
Section 8902 - Contracting authority
5 U.S.C. § 8902 Cited 238 times 10 Legal Analyses
Requiring carrier to provide health benefit if OPM concludes that enrollee is entitled to the benefit under the contract
Section 7 - Marriage
1 U.S.C. § 7 Cited 152 times 9 Legal Analyses
Containing no money-mandating provisions
Section 332 - Judicial councils of circuits
28 U.S.C. § 332 Cited 148 times 1 Legal Analyses
Permitting a circuit court council to modify a local rule that is “found inconsistent” with rules promulgated by the Supreme Court
Section 1204 - Powers and functions of the Merit Systems Protection Board
5 U.S.C. § 1204 Cited 125 times
Providing that the MSPB may administer oaths, examine witnesses, take depositions, issue interrogatories, subpoena testimony and documents, and otherwise receive evidence when a covered employee appeals a covered adverse employment action
Section 1201.3 - Appellate jurisdiction
5 C.F.R. § 1201.3 Cited 166 times
Granting the MSPB appellate jurisdiction over retirement appeals arising under the federal retirement laws
Section 890.107 - Court review
5 C.F.R. § 890.107 Cited 93 times
Authorizing a cause of action "against OPM"
Section 890.101 - Definitions; time computations
5 C.F.R. § 890.101 Cited 14 times
(a) In this part, the terms annuitant, carrier, employee, employee organization, former spouse, health benefits plan, member of family, and service have the meanings set forth in 5 U.S.C. 8901 ; the terms Postal Service, Postal Service annuitant, and Postal Service employee have the meanings set forth in 5 U.S.C. 8903c ; and these terms supplement the following definitions: Appropriate request means a properly completed health benefits registration form or an alternative method acceptable to both
Section 890.104 - Initial decision and reconsideration on enrollment
5 C.F.R. § 890.104 Cited 10 times 1 Legal Analyses
(a)Who may file. Except as provided under § 890.1112 , an individual may request an agency or retirement system to reconsider an initial decision of its employing office denying coverage or change of enrollment. (b)Initial employing office decision. An employing office's decision is considered an initial decision as used in paragraph (a) of this section when rendered by the employing office in writing and stating the right to an independent level of review (reconsideration) by the agency or retirement
Section 890.102 - Coverage
5 C.F.R. § 890.102 Cited 1 times
(a) Each employee, other than those excluded by paragraph (c) of this section, is eligible to be enrolled in a health benefits plan at the time and under the conditions prescribed in this part. (b) An employee who serves in cooperation with non-Federal agencies and is paid in whole or in part from non-Federal funds may register to be enrolled within the period prescribed by OPM for the group of which the employee is a member following approval by OPM of arrangements providing that (1) the required

Golinski v. United States Office of Personnel Management

88 Cited authorities

Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"

Holding that "courts must be mindful that the Government's role as the respondent in every removal proceeding does not make the public interest in each individual one negligible"

Holding that adequate representation requires that "[t]he interests of the nonparty and her representative are aligned" and "the party understood herself to be acting in a representative capacity."

Holding that there is no heightened pleading requirement in § 1983 suits against municipalities

Holding in Section 1983 action no absolute immunity for damages arising from "unofficial conduct"

Holding that civilian U.S. citizens held in U.S. military custody in Iraq could petition for a writ of habeas corpus in federal district court

Holding that time limit for objection in bankruptcy proceedings is not jurisdictional but instead a claim-processing rule

Holding that judges are not absolutely immune for administrative acts

Holding that "once an issue is actually and necessarily determined by a court of competent jurisdiction, that determination is conclusive in subsequent suits based on a different cause of action involving a party to the prior litigation"

Holding that the Bankruptcy Act of 1978 was unconstitutional in part because it allowed bankruptcy courts to adjudicate state common law claims

Adopting the definition given in Section 551

Granting to the district courts "original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff"

Granting the Board appellate jurisdiction over an employee's appeal "from any action which is appealable to the Board under any law, rule, or regulation"

Authorizing back pay awards to employees “affected by an unjustified or unwarranted personnel action”

Defining "carrier" as an organization "lawfully engaged in providing, paying for, or reimbursing the cost of, health services . . . in consideration of premiums or other periodic charges payable to the carrier"

Providing that the term "'employee,'" for purposes of Title 5, ordinarily includes "an individual ... appointed in the [federal] civil service by ... an adjutant general designated by the Secretary [of the Army or of the Air Force] under section 709[(d)] of title 32"

Requiring carrier to provide health benefit if OPM concludes that enrollee is entitled to the benefit under the contract

Containing no money-mandating provisions

Permitting a circuit court council to modify a local rule that is “found inconsistent” with rules promulgated by the Supreme Court

Providing that the MSPB may administer oaths, examine witnesses, take depositions, issue interrogatories, subpoena testimony and documents, and otherwise receive evidence when a covered employee appeals a covered adverse employment action

Granting the MSPB appellate jurisdiction over retirement appeals arising under the federal retirement laws

Authorizing a cause of action "against OPM"