Litigation Case Results
Firm Files Suit in Federal Court on Behalf of Retiree
The firm filed a lawsuit in the United States Court of Federal Claims, requesting the Court order the Army to grant the client a reserve retirement. Many years ago, the Army sent the client orders transferring him to the Retired Reserve based on attaining 20 years of service.
When the client attained the age of 60 and applied for his retirement, the Army told him the orders were in error and he didn’t have enough service time to qualify for a retirement. The Army then sent out orders discharging him in 2018, effective in 2001. They then rescinded the orders transferring him to the retired reserve for 20 years of service and instead cut new orders transferring him to the retired reserve based on receipt of a separation allowance.
In doing so, the Army clearly violated federal law. In fact, the Army must retire the client immediately. We will stay in the fight to ensure that our client’s rights are upheld in federal court. The Court has already ordered the United States to answer the complaint. The name of the case is Casillas v. United States.
In the Superior Court for the District of Columbia, Civil Division, before a trial judge, Mr. Sheldon obtained a complete award of damages with attorney fees and costs awarded for his client in a contested breach of contract claim.
In proceedings before the Merit Systems Protection Board, the Health of Human Services settled with a client of Mr. Sheldon’s, a pediatrician who had been assigned to Kayenta Health Center in Kayenta, AZ. The six-figure settlement included $45,000.00 in legal fees for the client.
The firm represented a former Air Force cadet in an action by the United States to collect monies owed for his Air Force Academy debt. The client was disenrolled in 1998. The United States obtained a judgment for about $125,000. The client discharged this debt in bankruptcy in 2008, but the United States continued collection attempts. Over time, the debt grew to $183,000. After the United States renewed its efforts to garnish the client’s wages, the firm advocated for the client that the debt was discharged in bankruptcy. The United States agreed, moved to dismiss the garnishment, discharged the judgment, and will refund all money erroneously collected. We are happy this matter is finally settled, and the client can move on with his life free from a $183,000 debt.
Mr. Sheldon represented an Air Force General in a federal district court action that alleged negligence on behalf of health care providers at then Walter Reed Army Medical Center. After successfully defeating two motions filed by the Army seeking dismissal of the case, Mr. Sheldon negotiated a six-figure settlement. In addition, the Army apologized to the General.
Mr. Sheldon obtained a landmark decision in the Court of Appeals for the District of Columbia Circuit on behalf of a Vermont National Guard soldier who can now sue for damages because his Privacy Act rights were violated.
Mr. Sheldon settled a Privacy Act case on behalf of an Army National Guard soldier. The soldier received ninety thousand dollars as an award for the violation.
Mr. Sheldon and his team obtained a judgment of $241,801 against the Army for the wrongful discharge of an Army officer, as well as a ruling by the U.S. Court of Federal Claims that the officer was entitled to receive retirement pay and allowances for the remainder of his life.
The Law Offices of David P. Sheldon obtained a $163,500 settlement for a retired enlisted service member after the Air Force had released his records in violation of the Privacy Act.
The team obtained one of the highest-ever settlement awards for damages for a retired Air Force military member, resulting from the wrongful disclosure of medical records in violation of the Privacy Act.
Mr. Sheldon was lead counsel in landmark Privacy Act case, Cummings v. Dep’t of the Navy , 279 F. 3d 1051 (D.C. Cir. 2002), holding that service members can sue for damages under the Privacy Act; suit later was settled favorably for a substantial monetary award.