Jones v. Bernanke, 557 F.3d 670, 105 FEP 1241 (D.C. Cir. 2009). Decided March 6, 2009

On March 6, 2009, The U.S. Court of Appeals for the District of Columbia Circuit ruled in favor of our client Charles Blaine Jones that a federal trial court erred when it ruled in favor of the Board of the of the Federal Reserve System on its summary judgment motion.

At issue, the lower court should have skipped the prima facie case analysis, instead focusing on the ultimate question of retaliation. In making his ruling, Judge David Tatel indicated that the employer asserted its legitimate, non-retaliatory explanation; our precedent required the district court to abandon its focus on perceived deficiencies in the prima facie case and to proceed instead to the only issue properly before it, i.e., the question of retaliation vel non.

Argued: Dec. 6, 2008. Decided: March 6, 2009

Michael G. Kane argued the cause for appellant. With him on the briefs was David R. Cashdan.

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