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January 2015 Archives

Air Force General Loses Appeal for Retroactive Promotion

Eight days after the New Year and we finally have the Federal Circuit's first precedential opinion of 2015. Patents? Trademarks? Tariffs? You wish!

Instead, Schwalier v. Hagel is about a promotion that never came to pass. Air Force Brigadier General Terryl Schwalier was nominated by the president and confirmed by the Senate to the rank of major general. He was supposed to be appointed in 1997, but the appointment got delayed and President Clinton decided not to appoint him after all.

Schwalier tried to use the defense of "no backsies" to claim that he had been appointed, but the Federal Circuit didn't think so.