Law Offices of David P. Sheldon, PLLC to Argue Military Defense Case Before the D.C. Circuit Court of Appeals

Military Services Defending

Attorney Dylan Thayer and The Law Offices of David P. Sheldon, PLLC will argue before the U.S. Court of Appeals for the D.C. Circuit on Thursday, September 4, 2025, at 9:30 a.m. (ET) in Courtroom 31 the case of Andrew Dudt v. Daniel Driscoll (No. 24-5084).

Attorney Dylan Thayer will present oral argument on behalf of the Army Major, a service member challenging the military’s handling of adverse actions that, he asserts, were imposed without fair process. The appeal raises critical questions about whether military authorities followed proper procedures, applied regulations consistently, and respected the constitutional and statutory rights of those serving in uniform.

This case centers on due process protections for service members, including whether decisions affecting careers and reputations must meet the same standards of fairness that apply in civilian federal employment. The Major contends that military officials relied on procedurally flawed processes and inconsistent regulatory interpretations that denied him a fair opportunity to defend himself.

At stake is not only the future of one service member but also the precedent the Court may set for thousands of others who face similar disciplinary or administrative actions. A ruling from the D.C. Circuit could reaffirm that military regulations must be enforced with integrity, consistency, and respect for constitutional rights.

“This hearing underscores the principle that service members deserve the same fundamental fairness that they sacrifice to protect for others,” said Dylan Thayer, plaintiff’s attorney. “We are asking the Court to ensure that military authorities are held accountable to the rule of law and that no one’s career is jeopardized by arbitrary or inconsistent decisions.”

Oral argument before the D.C. Circuit is a critical stage in the appellate process, where judges directly question counsel to test the strength of legal theories and evaluate how the case fits into established precedent. This hearing provides the Court an opportunity to clarify how far military authorities can go when interpreting regulations, and whether service members are entitled to the same safeguards of fairness expected in all other federal contexts.

The outcome could influence how future adverse actions are reviewed, providing guidance not only to military commands but also to boards of correction, administrative review bodies, and federal courts tasked with evaluating service member rights.

Event Details

  • Case: Andrew Dudt v. Daniel Driscoll (No. 24-5084)
  • Court: U.S. Court of Appeals for the D.C. Circuit
  • Date/Time: Thursday, September 4, 2025, at 9:30 AM (ET)
  • Location: Courtroom 31

About the Law Offices of David P. Sheldon, PLLC

The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., represents service members, veterans, and federal employees in high-stakes legal disputes. With a record of litigating precedent-setting cases before military courts, federal agencies, and appellate courts, the firm is committed to ensuring fairness, due process, and justice for those who serve.

Disclaimer

This press release is for informational purposes only and does not constitute legal advice.

Two USPHS Officers File Federal Lawsuits Against HHS Secretary and PHS Correction Board Over Promotion Delays

USPHS Justice

Two United States Public Health Service (USPHS) Lieutenant Commanders have filed separate lawsuits in the U.S. District Court for the District of Columbia against Secretary of Health and Human Services Robert F. Kennedy, Jr. and the Board for Correction of PHS Commissioned Corps Records (PHS BFC).

Both officers allege that federal officials unlawfully denied their applications to correct their service records after policy changes extended their eligibility for promotion to Commander (O-5) by several years. Each argues that their cases were never reviewed by a legally required “board of civilians,” as mandated by 10 U.S.C. § 1552 and Public Health Service regulations.

According to the complaints, the PHS BFC improperly delegated decisions to its Executive Secretary, board staff, and HHS Office of General Counsel—bypassing impartial civilian review. The lawsuits assert that these actions were “arbitrary, capricious, and contrary to law,” in violation of the Administrative Procedure Act (APA), 5 U.S.C. § 706 (2)(A).

Both officers, who joined the USPHS with strong service records and early promotions to Lieutenant Commander, claim that the 2024 policy revision to CCI 331.01 unlawfully pushed back their next promotion eligibility to 2029. They seek judicial relief to restore their original 2026 promotion opportunities and recover back pay and allowances.

According to the officer’s attorney Dylan Thayer, “Our clients dedicated themselves to the mission of the Public Health Service, stepping forward in times of crisis and fulfilling their duty with distinction. Yet when they sought fair review of their records, they were denied the very protections Congress guaranteed through impartial civilian oversight. These lawsuits are not just about promotions, they are about accountability, fairness, and ensuring that those who serve our nation receive the justice they are entitled to under the law.”

The lawsuits, filed by the Law Offices of David P. Sheldon, PLLC, highlight broader concerns about fairness, oversight, and due process in military and uniformed service correction boards, which by statute must provide impartial civilian review.

About the Law Offices of David P. Sheldon, PLLC

The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., represents service members, veterans, and federal employees worldwide in military justice, administrative law, corrections of records, and federal employment disputes. The firm is recognized nationally for defending the rights of those who serve.

Disclaimer

This press release is for informational purposes only and does not constitute legal advice. Every case is unique, and prior results do not guarantee future outcomes.

Meet the Power Team: Linda & LeAnn – Our Legal Superheroes

Super Heroes Linda and LeAnn

At the Law Offices of David P. Sheldon, PLLC, we believe every great law firm has its champions. For us, those champions are none other than Linda Tiller and LeAnn Hendrick—a dynamic duo who bring extraordinary strength, insight, and dedication to our clients. Together, they are the ultimate power team: unstoppable in their pursuit of justice, fearless in the face of challenges, and unwavering in their commitment to excellence.

Linda Tiller: The Strategist

With decades of experience navigating the complexities of federal and military law, Linda has a sharp mind that sees every angle. Known for her meticulous preparation and deep knowledge of procedure, she is the strategist who maps out the battlefield and ensures our clients are always steps ahead. Her superpower? Turning complex legal tangles into clear, winnable strategies.

LeAnn Hendrick: The Advocate

LeAnn brings unmatched energy, compassion, and tenacity to every case. Clients feel her dedication instantly—she listens, she empowers, and she fights as though each client’s cause were her own. Her superpower? Transforming client concerns into powerful advocacy that resonates in the courtroom and beyond.

A Force for Our Clients

When Linda and LeAnn join forces, their talents amplify. They balance precision with passion, intellect with empathy, and strategy with action. Think of them as the Justice League of our firm—protecting the rights of service members, veterans, and federal employees with the courage and determination of true heroes.

At the end of the day, Linda and LeAnn aren’t just part of our team—they are the shield and the sword for our clients. Their combined strength makes us proud to say:

L & L: We Get the Job Done!

Appeal Filed in Navy Court-Martial: Defense Challenges Unlawful Search and Questionable Evidence

A Navy Sailor Fights Unlawful Search in a Trial Appeal

Navy Sailor Appeals Court-Martial Over Unlawful Search and Questionable Evidence

A young U.S. Navy sailor’s future now rests with the United States Navy-Marine Corps Court of Criminal Appeals, as his defense team challenges a conviction they say was built on an unlawful search and evidence too weak to support guilt beyond a reasonable doubt.

The sailor, a Yeoman Third Class at the time of trial, was convicted following an investigation that began with allegations of drug activity. According to the appeal, Naval Criminal Investigative Service (NCIS) agents were only authorized to search his phone for communications related to drugs. Instead, they expanded the search far beyond those limits by clicking on unrelated images and playing a video that was never within the scope of their warrant. The defense argues this amounted to an unconstitutional intrusion into private digital data, turning a limited investigation into a general fishing expedition.

At trial, the government leaned heavily on files recovered from the sailor’s phone. Yet its own experts acknowledged that these files were automatically generated cache data, which could have been stored without his knowledge or intent. The same experts admitted they could not say whether the files had ever been opened or viewed. Further, no search terms, hidden folders, communications, or specialized software suggested deliberate misconduct. Even the trial judge noted that the individuals in the video could have been anywhere from 12 to 24 years old, and none of the government’s witnesses had the expertise to make a reliable determination.

“Service members should not lose their careers or their freedom based on speculation and unlawful searches,” said Annie W. Morgan, Senior Military Defense Attorney at the Law Offices of David P. Sheldon, PLLC. “This case is about more than one sailor, it is about ensuring that constitutional rights apply equally to those who serve in uniform.”

The appeal emphasizes that without the improperly obtained evidence, there is no case to support the conviction. Beyond the impact on this sailor’s career and reputation, the filing raises broader questions about how the military conducts digital searches. As the Supreme Court recognized in Riley v. California, smartphones hold the most personal details of modern life. Allowing broad, unchecked access to service members’ devices, the defense argues, would erode constitutional protections and set a dangerous precedent for military justice.

Now before the appellate court, the case stands to determine whether the sailor’s conviction and sentence will be overturned and, more broadly, how the rights of service members will be balanced against the government’s expanding use of digital evidence.

About the Law Offices of David P. Sheldon, PLLC

The Law Offices of David P. Sheldon, PLLC, based in Washington, DC, represents military service members, federal employees, and uniformed professionals worldwide. With decades of experience in courts-martial, appeals, discharge upgrades, and federal employment disputes, the firm is recognized nationally for its vigorous defense of those who serve.

Disclaimer

This press release is for informational purposes only and does not constitute legal advice. Reading this release does not create an attorney-client relationship.

Nicholas Roberts, Ph.D. Joins the Law Offices of David P. Sheldon, PLLC

We are proud to announce that Nicholas Roberts has joined the Law Offices of David P. Sheldon, PLLC. A J.D. Candidate at Case Western Reserve University School of Law, Nicholas recently served as one of only twenty-five first-year law students nationwide selected for the prestigious U.S. Army JAG Corps summer program, where he gained hands-on courtroom experience with the 1st Cavalry Division at Fort Hood, Texas.

With a Ph.D. in History and years of teaching and mentoring at Norwich University, Nicholas brings a global perspective, sharp analytical skills, and a client-centered approach to his work. His unique blend of military, academic, and legal experience allows him to support service members, veterans, and federal employees with both expertise and empathy. We are excited to have Nicholas on our team and know his dedication will make a meaningful difference for our clients.

#MilitaryLaw #Veterans #FederalEmployees #Welcome

VA to Terminate Collective Bargaining Agreements

Veteran Affairs Cancels Contracts for Collective Bargaining

 

A federal appeals court on August 1, 2025 allowed 21 agencies—including Justice, State, Defense, Treasury, and Health & Human Services to end collective bargaining agreements. They ruled delaying the executive order would have hurt operations, and they saw no explicit anti-union intent. Now, VA has just taken this even further: on August 6, it formally terminated collective bargaining agreements for most VA bargaining-unit employees—except police, firefighters, and other security staff—as permitted under the same executive order. The VA argued this will let staff spend more time serving veterans and help managers promote strong performers and address poor performance—using funds and time formerly devoted to union activities instead

What the Court and VA Action Mean

  • Federal agencies now have the legal green light to cancel union contracts and set working conditions without union negotiation.
  • VA’s move means most union protections are gone, putting federal workers in more vulnerable positions.
  • This comes amid broader RIFs and staffing changes—many employees may face reassignments or termination with fewer channels to challenge decisions.

Why This Matters to You

If you’re a federal or VA employee:

  • You may no longer have union protections for grievance processes, job security, or discipline.
  • These changes happen at a time when many agencies are already cutting jobs or restructuring under secretive RIF processes.
  • It’s now even more critical to know your rights, keep detailed records, and seek legal help when your work status changes—especially for those affected by RIFs or disciplinary actions.

About the Law Offices of David P. Sheldon, PLLC:
The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., is dedicated to providing exceptional legal representation to military service members and federal employees facing legal challenges. Specializing in military justice, veterans’ rights, and federal employment law, we are committed to advocating for the rights and well-being of our clients. For more information, please visit our website at www.militarydefense.com.

Event Reminder

 

Disclaimer: This article is for informational purposes and does not form an attorney-client relationship. Please consult an attorney for personalized legal advice.

 

Sources Cited

  • Appeals Court lifts injunction on ending federal bargaining rights Reuters
  • VA terminates collective bargaining contracts for most bargaining-unit employees VA Press

Federal Employment Law Virtual Town Hall on Monday, August 19 at 2:00 PM ET

Federal Employment Town Hall Hosted by MLPN August 19, 2025

Attorney David P. Sheldon and Annie Morgan to Join Expert Panel for Federal Employment Law Zoom Town Hall on August 19, 2025 @ 1 PM CT/2 PM ET for Virtual Town Hall

Question and Answer Panel for MLPN

David P. Sheldon, founding attorney at the Law Offices of David P. Sheldon, PLLC, and Annie Morgan, Senior Military Attorney at the firm, will speak on a national expert panel during a Federal Employment Law Virtual Town Hall on Monday, August 19 at 2:00 PM EST. The event, hosted by the Military Law Practitioners Network (MLPN).

The panel will address how ongoing legal developments, including agency-driven contract terminations and the erosion of union protections, are impacting job security, due process rights, and available legal remedies for federal workers.

Panelist Profiles

David P. Sheldon
As the founder of a nationally recognized federal and military law firm based in Washington, D.C., Mr. Sheldon has decades of experience representing service members and federal employees in complex legal forums, including MSPB, federal courts, and Boards for Correction of Military Records. He is a trusted advocate in RIF appeals, wrongful discharge, and employment record correction.

Annie Morgan
A Senior Military Attorney at the Law Offices of David P. Sheldon, Annie Morgan brings extensive litigation experience on behalf of service members and federal workers. Her work includes advocating before military boards and defending clients facing termination, discharge review, and misconduct allegations.

Published Resources & Articles By Law Offices of David P Sheldon, PLLC

  • Fighting for Your Rights as a Federal Employee: Challenging Unjust Terminations – Outlines procedural protections under Title 5, VEOA, and the MSPB, and action steps for RIF victims
  • Displaced Federal Workers: Preparing grievances and appeals, challenging improper RIFs – Best practices and timelines for appeals and legal avenues
  • Federal Employees Facing Wrongful Termination and Reinstatement – Advises on clearing personnel records, appeals, and preserving future benefits

Event Details: Federal Employment Law Q&A:  A Town Hall Meeting with David P. Sheldon, Law Offices of David P. Sheldon, PLLC, Washington DC

About the Law Offices of David P. Sheldon, PLLC

Established in Washington, D.C., this national firm specializes in military and federal employment law, advising service members, veterans, and federal employees on wrongful termination, RIF challenges, disability appeals, and record corrections. The firm’s experience spans MSPB, BCMR, federal courts, and administrative appeals  .

Contact & More Info:
Law Offices of David P. Sheldon, PLLC
100 M Street SE, Suite 600, Washington, DC 20003
(202) 546‑9575 • www.militarydefense.com

Disclaimer

This town hall is for informational and illustrative purposes only and does not establish an attorney-client relationship.  Attendees with individual legal needs are encouraged to consult a qualified attorney.

 

 

 

 

 

Federal Employee Protections Weaken as Federal Workers Lose Bargaining Rights

Courts Allow for Cancelling Collective Bargaining

A recent court decision has made it harder for federal employees to protect their jobs and working conditions.

On August 1, 2025, a federal appeals court said that 21 federal agencies can cancel union contracts and take away employee bargaining rights. These rights helped workers speak up about unfair treatment, file complaints, and work with their agencies to solve problems. Now, those protections are at risk—especially for employees working in national security–related jobs like Defense, State, Treasury, and HHS.

This ruling comes at a time when many federal employees are already facing massive layoffs (called RIFs) and sudden changes in leadership. Some agencies have removed top officials, while others are quietly planning job cuts. This has made federal jobs more uncertain than ever.

What Did the Court Say?

The court allowed agencies to cancel collective bargaining agreements, which are like contracts between workers and their employers. These agreements often include:

  • Protections against unfair firings
  • Ways to challenge poor treatment
  • Rules about promotions and job assignments

Now, agencies can remove these protections without negotiating with unions.

Why It Matters

This ruling has real consequences:

  • You might not be able to challenge unfair treatment as easily.
  • Agencies can change your job, move you, or even fire you—without union help.
  • If you’ve been affected by a RIF, your chances to fight back could be more limited.

Even if you’re a good worker, your agency may cut your position or change your role without much notice. And with union protections weakened, you may have fewer tools to protect your rights.

What’s Being Done?

The Law Offices of David P Sheldon, PLLC in Washington, D.C., will speak at a national Federal Employment Law Town Hall on August 19. The event is hosted by the Military Law Practitioners Network (MLPN) and will offer legal insight for federal workers like you. David P Sheldon and Annie Morgan will be panelists at the Virtual Town Hall.

David P. Sheldon
As the founder of a nationally recognized federal and military law firm based in Washington, D.C., Mr. Sheldon has decades of experience representing service members and federal employees in complex legal forums, including MSPB, federal courts, and Boards for Correction of Military Records. He is a trusted advocate in RIF appeals, wrongful discharge, and employment record correction.

Annie Morgan
A Senior Military Attorney at the Law Offices of David P. Sheldon, Annie Morgan brings extensive litigation experience on behalf of service members and federal workers. Her work includes advocating before military boards and defending clients facing termination, discharge review, and misconduct allegations.

The Law Offices of David P Sheldon, PLLC has spent decades defending federal employees, veterans, and service members. The firm helps workers:

  • Challenge unfair RIFs
  • Appeal terminations
  • Clear their records
  • Fight for reinstatement and back pay

The upcoming panel will explain what your rights are, what the courts are doing, and how you can still protect yourself—even as the law changes.

What You Can Do Now

  • Know your rights – Even with union limits, laws like Title 5 and the Merit Systems Protection Board (MSPB) still offer protections.
  • Keep good records – Save emails, memos, and anything related to your job, duties, or changes in your position.
  • Talk to a lawyer – Especially if you were affected by a RIF or believe you were unfairly targeted.

Join the Free Town Hall Event

Monday, August 19, 2025
2:00 PM EST
Zoom (Virtual Event) Link
https://us02web.zoom.us/j/2604808511?pwd=R3lyWnFHUjc2eW5vR01RUXBUK2F0UT09&omn=81483855549

Meeting ID: 260 480 8511
Passcode: 1Rehvs

Hosted by the Military Law Practitioners Network (MLPN)
Submit your questions in advance!

 

About the Law Offices of David P Sheldon, PLLC

The firm is based in Washington, D.C. T fights for service members and federal workers in all forums—MSPB, federal courts, military boards, and more. If your job is on the line, he and his team know how to defend it.

Disclaimer: This opinion is for informational purposes only and does not create an attorney-client relationship. For legal advice specific to your case, speak with an attorney.

USPHS Commander Seeks Correction of Records After Disputed Reprimand and Denial of Relief by Surgeon General

A U.S. Public Health Service (USPHS) Commander is fighting to restore the officer’s reputation and career following a reprimand, contending it was unjust, retaliatory, and issued outside the bounds of lawful authority. The case, filed with the Board for Correction of Public Health Service Commissioned Corps Records (BCMR), argues that the Letter of Reprimand (LOR) issued in October 2023, was procedurally and legally flawed.

Represented by attorney Annie Morgan of the Law Offices of David P. Sheldon, PLLC, the Commander’s filing asserts that the LOR was issued not only in violation of Commissioned Corps policy (CCI 211.04 and CCI 211.07) but was also motivated by retaliation after the officer raised concerns about understaffing and promotion irregularities within the Bureau of Health Services at the Eloy Detention Center.

According to the complaint, the officer formally requested relief through the Surgeon General’s redress process, submitting evidence of improper conduct, lack of authority by the issuing official, and violations of due process. But the Surgeon General, VADM Vivek Murthy, ultimately declined to grant relief, stating that “the evidence presented does not demonstrate a violation of law, executive order, regulation, or policy,” nor was the issuance “arbitrary and capricious.”

Attorney Morgan disputes this finding. “The facts clearly show that the reprimand was issued by someone without the lawful authority to do so. It followed weeks of the Commander raising staffing concerns and requesting help. Instead of support, the officer was punished for performing the duties assigned—and that’s precisely why the BCMR exists: to correct these injustices,” said Morgan.

The Commander’s petition to the BCMR requests:

  • Rescission of the LOR;
  • Expungement from the officer’s official record;
  • Restoration of lost specialty pay and backpay; and,
  • Any other equitable relief the Board finds appropriate.

The filing includes legal arguments grounded in the Administrative Procedure Act, Privacy Act, and internal USPHS regulations. The Commander also provided documentation showing that the decisions regarding patient scheduling were consistent with operational policy during a staffing shortfall—not acts of misconduct.

The case represents a broader concern for many USPHS officers navigating opaque disciplinary procedures that can derail careers, especially when whistleblowing or reporting internal issues.

About the Law Offices of David P. Sheldon, PLLC:
Located in Washington, D.C., the Law Offices of David P. Sheldon, PLLC is a premier military and federal employment law firm. With more than two decades of experience, the firm defends service members and federal employees in cases involving courts-martial, administrative separations, security clearances, and record corrections.

Disclaimer:
This release is for informational purposes only and does not constitute legal advice. Each case is unique, and outcomes will vary depending on specific facts and circumstances.