Trending...
- Sundar Ramayya and Sulekha Ramayya of EvolveNXT named EY US Entrepreneur Of The Year
- Sylvester Anthony III Introduces His Artist Journey with Debut Single "Cherish"
- Looking for an initial necklace? Sairahaz has personalized styles with meaning
PHILADELPHIA, May 16, 2024 /PRNewswire/ -- Berger Montague is pleased to announce that the United States Supreme Court has ruled 9-0 in favor of Stuart Harrow in Harrow vs Department of Defense, a case argued by Berger Montague shareholder Joshua Davis on behalf of Harrow, a DOD employee who had been fighting for six days of back pay (plus interest) for eleven years – since the 2013 government furlough.
Harrow, 73, a Defense Contract Management Agency employee, had asked to be exempted from a six-day furlough due to a financial hardship. It took the DOD's Merit Systems Protection Board (MSPB) more than seven years to rule on Harrow's request, before turning him down. That gave Harrow 60 days to appeal the ruling but because the DOD sent the decision to Harrow's old email address, he received notice after the 60-day appeals window had passed.
More on The Californer
In February 2023, the Federal Circuit refused to hear Harrow's appeal, saying the deadline was a jurisdictional limit that it could not bypass.
The Supreme Court disagreed with the lower court's ruling. In delivering the Court's opinion, Justice Elena Kagan wrote, "We hold that the limit, like most filing deadlines, is not jurisdictional." The Supreme Court remands the case back to the Federal Circuit.
"This is a wonderful victory for Stuart Harrow, who has been fighting for a long time to get his day in court," observed Joshua Davis, "and a wonderful victory for government employees more generally, who will have a bit more leeway when they seek appellate review."
Harrow had been his own advocate for the first decade of his case, writing his own filings. After he was turned down by the Circuit Court, he went to the Center for Litigation and Courts at the University of California College of Law in San Francisco, where Davis is a research professor, and asked for his case to be taken to the Supreme Court. Scott Dodson, who runs the Center, thought the case had merit, and wrote the briefs. Davis argued before the Supreme Court.
More on The Californer
The Justices seemed to relish the small stakes and sparred with Davis during his oral argument. Both sides marveled at the government's unwillingness to settle, and the Court issued its unanimous ruling relatively quickly.
Berger Montague is one of the nation's preeminent full-spectrum complex civil litigation, class action, and mass tort law firms, with over 54 years of serving in lead roles in precedent-setting cases that have recovered more than $60 billion in damages in the fields of antitrust, securities, mass torts, civil and human rights, whistleblower cases, employment, and consumer litigation. The firm is headquartered in Philadelphia, and has offices in Chicago, Minneapolis, San Diego, San Francisco, Toronto, Washington, D.C., and Wilmington, Delaware.
Contact: Joshua Davis, 415-215-0962, [email protected].
SOURCE Berger Montague
Harrow, 73, a Defense Contract Management Agency employee, had asked to be exempted from a six-day furlough due to a financial hardship. It took the DOD's Merit Systems Protection Board (MSPB) more than seven years to rule on Harrow's request, before turning him down. That gave Harrow 60 days to appeal the ruling but because the DOD sent the decision to Harrow's old email address, he received notice after the 60-day appeals window had passed.
More on The Californer
- California: Governor Newsom proclaims LGBTQ Pride Month
- From a 2021 FCC Application to 189 Countries: How 98.8FM Gospel Radio Became a Global Voice of Faith
- Researcher And Author Isis Jade Releases Free Documentary Revealing The First Universal Law Of
- San Diego's newest marketing firm is boring on purpose — it's working
- Arizona Christian Homeschools Launches Statewide Directory
In February 2023, the Federal Circuit refused to hear Harrow's appeal, saying the deadline was a jurisdictional limit that it could not bypass.
The Supreme Court disagreed with the lower court's ruling. In delivering the Court's opinion, Justice Elena Kagan wrote, "We hold that the limit, like most filing deadlines, is not jurisdictional." The Supreme Court remands the case back to the Federal Circuit.
"This is a wonderful victory for Stuart Harrow, who has been fighting for a long time to get his day in court," observed Joshua Davis, "and a wonderful victory for government employees more generally, who will have a bit more leeway when they seek appellate review."
Harrow had been his own advocate for the first decade of his case, writing his own filings. After he was turned down by the Circuit Court, he went to the Center for Litigation and Courts at the University of California College of Law in San Francisco, where Davis is a research professor, and asked for his case to be taken to the Supreme Court. Scott Dodson, who runs the Center, thought the case had merit, and wrote the briefs. Davis argued before the Supreme Court.
More on The Californer
- Awepra Introduces Black Card Membership Access for Its Business Ecosystem
- The Family Legacy Behind Jon Robert Quinn's Media Career
- City of Long Beach Reports First Human Case of West Nile Virus This Year
- Sexually Abused in a Psychiatric Hospital or Psychiatrist's or Psychologist's Office? CCHR Urges Survivors to Reach Out to It
- California: Governor Newsom announces appointments 6.26.2026
The Justices seemed to relish the small stakes and sparred with Davis during his oral argument. Both sides marveled at the government's unwillingness to settle, and the Court issued its unanimous ruling relatively quickly.
Berger Montague is one of the nation's preeminent full-spectrum complex civil litigation, class action, and mass tort law firms, with over 54 years of serving in lead roles in precedent-setting cases that have recovered more than $60 billion in damages in the fields of antitrust, securities, mass torts, civil and human rights, whistleblower cases, employment, and consumer litigation. The firm is headquartered in Philadelphia, and has offices in Chicago, Minneapolis, San Diego, San Francisco, Toronto, Washington, D.C., and Wilmington, Delaware.
Contact: Joshua Davis, 415-215-0962, [email protected].
SOURCE Berger Montague
Filed Under: Business
0 Comments
Latest on The Californer
- New Podcast 'Circles | Edges' Revives Late-Night Intimate Talk Radio Format
- Long Beach Parks, Recreation and Marine Invites Community Volunteers to Join Independence from Litter Cleanup
- California: Governor Newsom signs historic housing bond set for voters on the November ballot
- Audilus Named Sync Licensing Representative for Three Labrador Entertainment Catalogs
- Wellness Reset At Westfield Valley Fair Brings Together Movement, Mindfulness, And Community
- Sylvester Anthony III Introduces His Artist Journey with Debut Single "Cherish"
- Rock 'n' Roll Wiener Dog Goes Global: "Longfellow Finds A Home" in a Japanese–English Edition
- Nyra Arcane Releases "Halo," a Soulful New Single That Turns Love, Pain, and Healing Into Light
- Boston Industrial Solutions Introduces High-Performance Primer for Bonding Liquid Silicone to Epoxy
- Healthcare Leaders Publish New Integrated Behavioral Healthcare Guide, Led by Doctors of Behavioral Health
- Governor Newsom announces $227 million to combat illicit cannabis activity and protect California communities
- Verbica Challenges Panetta to a Televised Debate on the Issues
- Salt Lake City Families Turn to Private Autopsy Services for Faster Answers After Unexpected Loss
- K2 Integrity's U.S. and EMEA Teams Again Recognized in Chambers and Partners 2026 Guides
- California becomes the first state to launch a tool to monitor and track artificial intelligence's impacts on the workforce
- Connecta Satellite Solutions Ready to Support Emergency Communications Following the Venezuela Earthquake
- Rare 1933 Harold Weston painting will be auctioned to benefit the Keene Valley Library
- $20 Million Revenue Target, Accelerating Growth, 7% Of Outstanding Shares Retired, Clear Path Toward Profitability: VSee Health, Inc N A S D A Q: VSEE
- RadioMobile Announces Sponsorship of the Burn Institute's Firefighter Demolition Derby & Fire & Safety Expo
- What If Creativity Is Your Natural State? "The Spark Sessions" Reclaims It as a Birthright