Internationally Recognized Trial Attorneys

Case Victories

Recent Successes Obtained

Note: It is important to remember that while some cases may appear similar to others, all cases are unique; success in one case does not guarantee success in another. We do not guarantee a certain outcome; to do so violates the Rules of Professional Responsibility. In addition, the results of a case are determined by a variety of factors, including facts and evidence presented, whether the client follows counsel recommendations, and the stage in the proceedings at which our services are retained. Case results are only posted with the informed consent of the client.

Shafford v. Department of Homeland Security, EEOC Appeal No. 0720150002 (September 25, 2017)

Joanna Friedman, The Federal Practice Group, obtained the largest compensatory damages award ever issued by the EEOC to a federal employee in a discrimination case. An EEOC Administrative Judge issued a default judgment against the Agency as a sanction for its failure to comply with orders, after which she ordered $443,116 in compensatory damages, which was above what is widely accepted as a cap of $300,000. The EEOC reasoned that the cap did not apply to what pecuniary compensatory damages, and instead only limited non-pecuniary damages for emotional distress.

Miskill v. U.S. Social Security Administration, United States Court of Appeals for the Federal Circuit, No. 2016-1598, (Decided July 20, 2017)
Judith Miskill, who was represented by Debra D’Agostino and Tom Gagliardo, AFGE Local 1923, prevailed in a challenge at the United States Court of Appeals for the Federal Circuit to an Arbitrator’s award sustaining her removal by the Social Security Administration for violations of the Agency’s time and attendance policy. Because the Arbitrator’s decision is not in accordance with law, the Federal Circuit vacated and remanded the matter in a precedential decision clarifying the use of comparator information in a federal agency penalty analysis.

Appellant v. Central Intelligence Agency, EEOC Appeal No. 0120162226 (March 7, 2017)
After the CIA dismissed the Appellant’s sexual harassment complaint for alleged untimeliness, Debra D’Agostino, The Federal Practice Group, successfully appealed the decision to the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC overturned the CIA’s decision to dismiss the complaint and ordered the CIA to investigate the claims.

Boyles v. Central Intelligence Agency, EEOC No. 570-2013-00431X (February 16, 2017)
Debra D’Agostino, The Federal Practice Group, successfully represented a senior CIA employee who faced retaliation after reporting disability discrimination and harassment following treatment for cancer, in an administrative hearing before the U.S. Equal Employment Opportunity Commission (EEOC). An Administrative Judge found the CIA liable for discrimination, and awarded appropriate relief.

Kayla Juel v. Department of Homeland Security, TSA, MSPB Docket No. DE-1221-14-0510-W-2 (December 12, 2016)
Kayla Juel, a former TSA employee, blew the whistle on her management, which in turn removed Ms. Juel in retaliation for her whistle blowing. Debra D’Agostino, The Federal Practice Group, filed a complaint with the U.S. Office of Special Counsel, and then an Independent Right of Action (IRA) appeal with the Merit Systems Protection Board challenging the removal. Following a hearing, the Administrative Judge ruled in Ms. Juel’s favor and ordered corrective action and other relief as appropriate.

Shimko v. Central Intelligence Agency, EEOC No. 570-2012-0138X, (September 19, 2016)
Debra D’Agostino, The Federal Practice Group, successfully represented a senior female employee who faced retaliation after reporting sex-based harassment, and then disability discrimination following treatment for cancer, in an administrative hearing before the U.S. Equal Employment Opportunity Commission (EEOC). An Administrative Judge found the CIA liable for all claims raised, and awarded appropriate relief.

Complainant v. Department of Defense, Defense Intelligence Agency, EEOC Appeal No. 012014863 (July 19, 2016)
Debra D’Agostino, The Federal Practice Group, obtained a finding of liability against the Defense Intelligence Agency (DIA) for pregnancy discrimination on behalf of a client who was denied necessary training as a result of her pregnancy, and was thus denied a lucrative overseas assignment. Ms. D’Agostino obtained this result without a hearing, on appeal to the Equal Employment Opportunity Commission (EEOC) after an Administrative Judge initially found for DIA on summary judgment.

Stewart v. Department of Defense, Defense Intelligence Agency, MSPB Docket No. AT-0752-15-0823-I-1 (May 9, 2016)
Debra D’Agostino, The Federal Practice Group, successfully represented a Senior Intelligence Officer at USCENTCOM who prevailed at the Merit Systems Protection Board on her appeal of discipline for alleged misconduct. That same year, the MSPB ruled in favor of the Defense Department in 99.7 percent of the cases that it heard. The Administrative Judge ordered corrective action and other relief as appropriate, including the cancellation of a related reassignment.

Moncada v. Executive Office of the President, MSPB Docket No. DC-0752-15-0954-I-1 (April 26, 2016)
An MSPB Administrative Judge ruled in favor of Mr. Moncada, who was represented at the Board by Debra D’Agostino, The Federal Practice Group, in an appeal of Mr. Moncada’s removal for alleged misconduct. Mr. Moncada was awarded reinstatement and other appropriate relief.

Miller v. Office of Personnel Management, MSPB Docket No. DE-0831-14-0340-I-1 (April 13, 2016)
An MSPB Administrative Judge ruled in favor of Richard L. Miller, who was represented at the Board by Debra D’Agostino, The Federal Practice Group, in an appeal concerning Mr. Miller’s right to civil service retirement credit for civilian service time while he served in the armed forces. Following this decision, OPM appealed, and this matter is now before the U.S. Court of Appeals for the Federal Circuit.

Appellant v. DOD, MSPB Docket No CH-0752-15-0528-I-1 (February 26, 2015)
An MSPB Administrative Judge ruled in favor of Appellant, who was represented at the Board by Debra D’Agostino, The Federal Practice Group, in an appeal of the Appellant’s indefinite suspension. The MSPB determined the Agency lacked reasonable cause to indefinitely suspend the Appellant.

Other Successes

    • Lieutenant Colonel accused of BAH fraud in excess of $100,000.
      RESULT: Court Martial charges dismissed. Retired as a Lieutenant Colonel with an Honorable Discharge.
    • First Sergeant accused of DUI Charges Court Martial.
      RESULT: Charges dismissed without further action.
    • Petty Officer accused of child sexual assault.
      RESULT: Court Martial charges dismissed. Command pursued an Administrative Separation Board which resulted in full retention.
    • Petty Officer accused of 112a violations.
      RESULT: Command pursued an Administrative Separation Board which resulted in full retention.
    • CWO-4 accused of sexual assault of a junior enlisted.
      RESULT: Charges dismissed. Command levied additional charges. Not guilty on all contested charges, retained, and to be retired in grade without a rank determination.
    • Sergeant accused of 112a violations.
      RESULT: Full acquittal.
    • Gunnery Sergeant accused of recruiting violations.
      RESULT: Full acquittal.
    • Lance Corporal accused of Aggravated Rape and Assault.
      RESULT: Court Martial charges dismissed.
    • Sergeant accused of raping an officer’s wife.
      RESULT: Court Martial charges dismissed.
    • Specialist accused of multiple war crimes to include premeditated murder and drug use while on post in a forward operating area facing life without parole.
      RESULT: Received a 3 year sentence and a BCD.
    • Lance Corporal who was caught dealing multiple drugs on video to multiple persons facing a General Court Martial.
      RESULT: After litigation, plead at a Special Court Martial and received a 10 month sentence and a BCD.
    • Gunnery Sergeant Promotion to First Sergeant restored after four years through BCNR.
    • Naval officer constructive credit restored through BCNR.
    • PFC Discharge Upgrade from OTH through BCNR.
    • Officer Fitness adverse report removed (numerous cases).
    • Security Clearance restored through DOHA process (multiple cases)