From labor disputes cases to labor and employment publications, for your research, you’ll find solutions on Bloomberg Law®. Protect your clients by developing strategies based on Litigation...
The Labor Department and the Office of Personnel Management won dismissal of a lawsuit filed by a former contractor who said the agencies smeared his reputation and effectively barred him from working as a federal contractor.
The ruling by the U.S. Court of Appeals for the District of Columbia Circuit reverses a lower court, which said it was premature to determine whether dismissal was appropriate. The appeals court sided with the agencies’ argument that the former contractor’s lawsuit should be dismissed because he had other ways to pursue his claim.
In a July 2011 DOL report, the acting inspector general found that senior Veterans’ Employment and Training Service officials violated ethics rules when they engaged Stewart Liff to provide human resources management consulting services that could have been procured at a lower cost if they had been competitively sourced. An assistant secretary resigned less than a week after the acting inspector general’s conclusion that he abused his authority by steering contracts toward Liff.
An OPM inspector general report reached similar findings in April 2013. It found that taxpayer dollars “were spent wastefully” in obtaining Liff’s services by circumventing a competitive bid process.
Liff said the reports and publicity surrounding the agencies’ decisions to no longer hire him deprived him of his constitutional right to pursue his profession. He styled the case as a Bivens lawsuit, named for the Bivens v. Six Unknown Named Agentscase in which the U.S. Supreme Court laid the foundation for a type of claim alleging deprivation of a constitutional right.
Liff couldn’t pursue a Bivens claim because there were adequate remedies under federal contracting laws, Judge Robert L. Wilkins wrote for the D.C. Circuit. If Liff thinks the government wrongly denied him a contract, he should pursue relief under those laws, Wilkins said. Judges Merrick B. Garland and Cornelia T.L. Pillard joined the opinion.
Paul Kiyonaga with Kiyonaga & Soltis PC in Washington represented Liff.
Michael Raab and Benjamin Shultz with the Department of Justice’s Civil Division in Washington represented the agencies.
The case is Liff v. DOL , D.C. Cir., No. 16-5045, order denying motion to dismiss reversed 2/6/18 .
To contact the reporter on this story: Jon Steingart in Washington at firstname.lastname@example.org
To contact the editor responsible for this story: Terence Hyland at email@example.com
Copyright © 2018 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)