A ?mixed case? is one where a federal employee brings allegations of unlawful discrimination along with disputing his/her termination. ?In this case the Merit Systems Protection Board (?MSPB?) dismissed? ?the? ?employee?s? ?claims? ?as? ?untimely without reaching the merits of the discrimination claim.? ?The employee appealed to the district court, which? held? that the Federal Circuit had exclusive jurisdiction because the MSPB never reached the merits of the discrimination claims. The Eighth Circuit affirmed.

Kloeckner v. Solis, 132 S. Ct. 1088 (cert. granted 1/13/12)