Massa v. Department of Defense

1 Citing case

  1. Whitmore v. Dep't of Labor

    680 F.3d 1353 (Fed. Cir. 2012)   Cited 92 times   1 Legal Analyses
    Finding "harmful error" and a "substantial effect on the outcome of the case" where the MSPB excluded relevant evidence on an issue for which the appellant bore the burden of proof

    Such a complete evaluation of the facts is necessary in every case because outside of written opinions and transcribed oral statements, we have no basis to discern the reasoning of the MSPB and decide whether there exists “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Massa v. Dep't of Def., 815 F.2d 69, 72 (Fed.Cir.1987) (internal quotation marks omitted). If considerable countervailing evidence is manifestly ignored or disregarded in finding a matter clearly and convincingly proven, the decision must be vacated and remanded for further consideration where all the pertinent evidence is weighed.