DC Circuit Rules for POGO, Remands

Today, the United States Court of Apeals for the DC Circuit reversed the district court's decision in United States v. POGO. See Opinion. In 2004, the district court granted summary judgment for the government. In November of last year, Andrew argued the appeal on behalf of POGO. In reversing the Court held that the genuine factual disputes in this matter can only be resolved by a jury and it remanded for further proceedings. Importantly, the Court endorsed fully POGO's argument that 28 U.S.C. section 209 requires "an intentional, direct link between the outside compensation and the employee's government service." Opinion at 7.

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