Case Explained: WOLFE v. MSPB

Court: United States Court of Appeals for the Federal Circuit

Filed: 2026-07-06

The federal-circuit granted the Merit Systems Protection Board’s motion, with the petitioner’s consent, to waive Federal Circuit Rule 27(f) requirements and remanded the case to the Board. The court exercised its discretion to allow the agency to reconsider its previous decision dismissing the appeal for lack of jurisdiction, citing *SKF USA Inc. v. United States* as authority that such a remand may preserve party and judicial resources without drawing conclusions on the merits. Consequently, the Board is ordered to reconsider the dismissal consistent with the motion and this order, while each side bears its own costs.

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