KPW Argues “Difficult” Case Before the Federal Circuit

On February 10, 2012, Michael Kator argued before the Court of Appeals for the Federal Circuit in a case involving threats to due process protections for federal government employees.  In the case of Norris v. Securities and Exchange Commission, Mr. Kator asked the court to reverse a termination decision, and protect worker due process rights.  The agency’s decision to fire Mr. Norris was based in part on evidence not provided to him.  Also, an arbitrator reviewing the case had refused to consider evidence regarding changes in Mr. Norris’s medical condition, and how the improvement in his condition may have impacted his ability to perform his job.  Circuit Judge Timothy Dyk described the questions presented by the case as a “difficult area” of the law.  The court took the case under advisement.

To listen to a recording of the oral argument, please click here.