Mummert v. Army — Federal Circuit affirmed the MSPB without an opinion

Case
Lester F. Mummert v. Department of the Army
Court
U.S. Court of Appeals for the Federal Circuit
Judge
Timothy B. Dyk (Bill Clinton, 2000); Raymond T. Chen (Barack Obama, 2013); Kara F. Stoll (Barack Obama, 2015)
Date Decided
September 9, 2026
Docket No.
25-1251
Topics
Federal Employment, MSPB Review, Rule 36
Source
Read the full opinion

Background

Lester F. Mummert petitioned the Federal Circuit for review of a Merit Systems Protection Board decision in proceeding No. PH-0842-19-0036-I-1. The respondent was the Department of the Army.

The court’s judgment does not describe the underlying employment dispute, the MSPB’s reasoning, or the arguments raised on appeal. The disposition is designated nonprecedential.

The Court’s Holding

The Federal Circuit affirmed the MSPB’s decision under Federal Circuit Rule 36.

Because the court entered judgment without an accompanying opinion, it provided no explanation of its reasoning and announced no new rule of law.

Key Takeaways

  • The MSPB’s decision remains in place.
  • The Federal Circuit affirmed without an opinion under Rule 36.
  • The disposition is nonprecedential and supplies no substantive analysis of the underlying dispute.

Why It Matters

The judgment ends this Federal Circuit challenge by leaving the MSPB’s decision undisturbed. Its value as guidance for other federal-employment cases is limited because the court did not issue a reasoned opinion and designated the disposition nonprecedential.

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