July 6, 2026·26-1568·Panel Decision·CUNNINGHAM, Circuit Judge·By Maria Santos
The United States Court of Appeals for the Federal Circuit granted a motion to remand a Merit Systems Protection Board decision for reconsideration. The court acted to preserve party and judicial resources without addressing the merits of the underlying appeal.
Herbert Ott Wolfe petitioned for review of a Merit Systems Protection Board decision that dismissed his appeal for lack of jurisdiction. The Board moved to waive procedural requirements and remand the case for reconsideration with Wolfe’s consent.
The court’s reasoning
The court stated it is within its discretion to remand to allow the agency to reconsider its previous position. The court agreed that remanding the case could preserve party and judicial resources without drawing conclusions regarding the merits of the parties’ arguments.
What it means going forward
The Merit Systems Protection Board must reconsider its decision dismissing the appeal for lack of jurisdiction in light of the court’s order.
