national travel service us courts

United States District Court

Northern district of ohio, sara lioi, chief judge | sandy opacich, clerk of court, search form.

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CJA attorneys and CJA experts can be reimbursed for their travel. A motion for travel from the CJA attorney to the Court should be made with specific information, such as travel dates, travel location, and reason for travel. Once the judicial officer approves the motion for travel, the CJA attorney or expert can then make travel arrangements. National Travel (800) 445-0668 may be used so that the airfare can be paid with the Government's travel credit card. Questions regarding travel should be directed to Leeann Weber (216) 357-7025.

Travel Authorizations

Travel Authorizations may be processed in eVoucher and set up to automatically email National Travel upon approval. Travel Authorizations in eVoucher may be used whether or not a court is using centralized accounts for billing.

Note: Attorneys are not required to use National Travel, but travel must be pre-authorized. Additional fees and charges incurred for changing or cancelling a flight may not be reimbursed for travel not booked through National Travel.

For additional information see Create a Travel AUTH .  

Administrative Office of the United States Courts - eVoucher (Last Updated May 2024 )

United States District Court  for the   District of Massachusetts

Cja travel guidelines, introduction.

Travel expenses reasonably incurred in providing representation under the Criminal Justice Act (CJA) may be claimed on the CJA 20 or 30 voucher form for attorneys and CJA 21 or 31 voucher form for experts and must be itemized and documented with appropriate receipts. Following the passage in late 1992 of Section 702 of the Federal Courts Administration Act of 1992 (Public Law 102-572, 106 Stat. 4506), attorneys and experts providing representation pursuant to the CJA were authorized to obtain government travel rates. These guidelines have been prepared to inform CJA attorneys and experts of the court’s policies and procedures related to travel beyond the local area.

Considerable savings to the government will be achieved through compliance with these guidelines. All CJA attorneys and experts are required to arrange their out-of-district travel in this manner. The guidelines set forth the procedures for obtaining government travel rates and provide a summary of recurring allowable and non-allowable charges. While it is impossible to address all possible travel-related issues, the guidelines are intended to serve as a basic resource.

Authorization to Travel

Prior to inter-district and overnight travel, approval is required. The CJA attorney is to request permission by filing with the court an ex parte motion for travel for themself or their expert.

Once authorized, the traveler is to then contact National Travel (NT) at (800) 445-0668 to arrange the travel. NT will provide the traveler and the CJA Analyst with an itinerary. All passenger receipts must be submitted with the voucher billing for any associated time and expenses.

An attorney or expert traveling as part of his or her representation under the CJA is expected to exercise the same care in incurring expenses that a prudent person would exercise if traveling on personal business. Only those expenses which were actually incurred and were essential to and in connection with representation under the CJA should be claimed.

An attorney or expert may be compensated for time spent in travel status to and from the travel destination. However, since this unproductive travel time is foreseeable, every effort should be made to work on existing matters. All other compensation for time while in travel status will be paid only for actual services rendered.

In addition, an attorney appointed to represent a fact witness has the obligation to inform the witness to contact the U.S. Marshal’s office on how to make travel arrangements and to obtain government transportation rates when the witness is required to remain away from their residence overnight. A fact Witness Voucher, Form OBD-3 must be prepared by the attorney for each witness. For detailed information, call the U.S. Marshal or obtain USMS Pub. No. 74, September 1997.

Transportation Allowable

A.  Expenses Payable as Transportation

Transportation expenses that may be claimed on the voucher or paid directly by the court include fares, automobile rental fees including gasoline charges, mileage payments for use of privately-owned vehicle (POV), parking and any expenses incident to transportation such as baggage transfer, business-related telephone, and food when on overnight travel. Regardless of the dollar amount, receipts are required for reimbursement of all travel expenses.

B.  Methods of Transportation

Authorized Methods. Methods of transportation authorized for travel include railroads, airlines, ferries, buses, subways, transportation terminal limousines, taxis, rental automobiles, privately-owned vehicles, and other necessary means of conveyance. Travel shall be by the method of transportation that will result in the greatest advantage to the government, cost and other factors considered. There is no reimbursement for first class or business class travel expenses. Travelers should exercise prudence in the selection of the least expensive rental vehicle necessary to adequately perform the official travel. The court will not reimburse Personal Accident Insurance (PAI) or Personal Effects Coverage (PEC) for rental automobiles. In addition, no reimbursement will be made for add-ons or upgrades when renting an automobile, or for the excessive cost of refueling a rental car at the rental agency.

Privately-Owned Vehicle. Use of a privately-owned vehicle for CJA case-related travel should be claimed at the mileage rate then in effect for the federal judiciary employees. The government will reimburse case-related parking fees and tolls if documented with receipts.

C.  Travel Rates

Travel at Government Discount Rate. The use of government discount fares is considered advantageous to the government. In order to obtain the government discount fare, tickets must be charged to the court’s Government Transportation Account (GTA). Only officially authorized travel related to CJA representation may be arranged in this manner.

Because the TA is an official government document, it should enable the traveler to obtain government rates at hotels and car rental agencies as well. Costs for other than common carriers (which are paid directly by the court) may be claimed for reimbursement on the CJA 20 or 30 form under the travel section and must be documented with receipts, regardless of the dollar amount. Credit card statements alone is not sufficient for reimbursement purposes.

Other special, excursion, and reduced rate round-trip fares for official travel may be used (in lieu of government-contract fares and regular coach) when the traveler can determine prior to the start of a trip that any such type of service is practical and more economical to the government. Special fares that involve penalties for changes or cancellation may be utilized provided that, to a high degree of certainty, no changes or cancellation will occur. Liability for costs for changes or cancellation over which the traveler had control will accrue to the traveler if a change or cancellation was due to personal preferences.

Travel at Other Than Government Rate. When an attorney or expert arranges their own travel without using the government rate, they will be reimbursed using the contracted government coach fare or the actual rate paid, whichever is lower. Reimbursement will be for the common carrier that is the most efficient, expeditious and advantageous to the court. All reimbursement for use of a common carrier must be supported by travel receipts. Submission of credit card statements alone is not sufficient for reimbursement purposes.

Reimbursable Expenses

Travel expenses that will be reimbursed are confined to those expenses essential to and in connection with representation under the CJA and supported by receipts. In determining the reasonableness of travel costs, the court will be guided by the prevailing limitations placed upon travel and subsistence expenses of federal judiciary employees in accordance with existing government travel regulations. The court’s Financial Manager may be contacted for guidance in determining the reasonableness of such costs.

With the exception of tips and mileage calculations, receipts must be submitted with the voucher for all travel (including to and from the court) and subsistence expenses regardless of the amount incurred. Submission of credit card statements alone is not sufficient for reimbursement purposes.

When the travel period is 24 hours or less and no lodging is incurred, meals will not be reimbursed. Only those travel expenses related to the case will be reimbursed such as mileage, parking, and tolls.

During authorized overnight travel, reimbursement will be made for actual subsistence expenses. Expenses of subsistence include all reasonable charges for meals (maximum three per day), lodging, all fees and tips to waiters, porters, and hotel maids, and transportation between places of lodging and business.

Non-Reimbursable Expenses

The cost of travel for spouses, other family members and friends is not allowable. In addition, snacks, alcoholic beverages, entertainment (e.g., movies), travel insurance taken while traveling, parking fines or fees for traffic violations, personal automobile expenses, expenses incurred in traveling by indirect routes for personal reasons, use of taxis to obtain meals, and expenses submitted without receipts are not reimbursable. If a traveler lengthens a trip or incurs any cost for personal reasons or performs work that is not related to the purpose of the official travel, the increased cost caused by such action is not allowable.

Quick Links

• Guide to Judiciary Policy, Vol. 7 (uscourts.gov)

Relevant Documents

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Government & CJA Rates

CJA counsel are eligible for reduced government travel rates pursuant to Section 702 of the Federal Courts Administration Act of 1992, Public Law 102, 572, 106 Stat. 4506.

CJA eVoucher Travel Authorization

CJA counsel should request prior authorization of overnight travel for client visits by submitting a Travel Voucher for approval through CJA eVoucher .  Prior authorization through CJA eVoucher of travel for oral argument is required only if counsel is making train or plane reservations through National Travel Service.

Train and Plane Reservations

If traveling by train or commercial airline, CJA counsel should submit a Travel Voucher through CJA eVoucher identifying the travel dates and destination.  Counsel should base their estimated airline cost on the GSA City-Pair Government Coach Airfares (Refer to YCA rate).  Upon the court’s approval of the Travel Voucher through CJA eVoucher, notification is sent to counsel and the National Travel Service (NTS) that the travel is authorized.  Counsel should then contact NTS (800-445-0668) to make coach-class reservations at the government rate.  The court makes payment directly to the carrier after verifying that counsel used the reservation.  CJA counsel may also make their own plane or train reservations but reimbursement will be limited to the YCA rate shown on GSA City-Pair Government Coach Airfares .

GSA Per Diem Rates

Counsel should request GSA Per Diem Rates when making hotel reservations. Subsistence expenses will normally be reimbursed within federal per diem limitations.  Detailed lodging and meal receipts must accompany counsel’s voucher submitted through CJA eVoucher at the close of the representation.

GSA Mileage Rates

Automobile mileage expenses may be claimed by entering the date, destination, and number of miles traveled when filing counsel’s final voucher in CJA eVoucher. The software automatically applies the correct mileage rate using the GSA Mileage Reimbursement Rates .

For complete information on CJA payments, see CJA Payment Memorandum  and Capital Budgeting and Payment Memorandum .

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United States District Court

Middle district of north carolina, honorable catherine c. eagles, chief judge • john s. brubaker, clerk of court, search form, you are here.

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Travel Regulations

Judiciary Staff Travel Regulations   The link below will take you to the Judiciary Staff Travel Regulations.  The travel regulations are for staff use, use by traveling contract court interpreters, Criminal Justice Act (CJA) panel attorneys, investigators, and experts.   http://www.uscourts.gov/RulesAndPolicies/TravelRegulations.aspx

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Procedures for submitting travel request and authorization.

As set forth in the Travel Guidelines for the CJA Attorneys and Experts approved by the Court on October 6, 2005, a written travel authorization is required prior to commencing inter-district and all overnight travel. The following are new procedures for submitting and processing the Travel Request and Authorization (“TA”).

The attorney is to complete the TA and submit it to the Office of the CJA Supervising Attorney via CJA Services . If a Court Order has been issued authorizing the travel, a copy of the order should be included. Once authorized, the attorney will be notified by e-mail and the attorney should log into CJA Services to obtain a copy of the TA. The traveler is to then contact National Travel Service (NTS) at 1-800-445-0668 to arrange the travel. NTS will provide an itinerary which the traveler must submit with the voucher billing for the associated time and expenses.  A copy of the TA and the passenger's airfare receipt must also be attached to the voucher when submitted.

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United States District Court

Southern district of west virginia, honorable thomas e. johnston, chief judge rory l. perry ii, clerk • troy a. lanham cuspo, search form.

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Public notice for appointment of new magistrate judge at huntington, west virginia.

The Judicial Conference of the United States has authorized the appointment of a full-time United States Magistrate Judge for the Southern District of West Virginia at Huntington. The essential function of courts is to dispense justice. An important component of this function is the creation and maintenance of diversity in the court system. A community’s belief that a court dispenses justice is heightened when the court reflects the community’s racial, ethnic, and gender diversity.

The duties of the position are demanding and wide-ranging, including: (1) conduct of most preliminary proceedings in criminal cases; (2) trial and disposition of misdemeanor cases; (3) conduct of various pretrial matters and evidentiary proceedings on delegation from a district judge; and (4) trial and disposition of civil cases upon consent of the litigants. The basic authority of a United States magistrate judge is specified in 28 U.S.C. § 636.

To be qualified for appointment an applicant must

• Be, and have been for at least five years, a member in good standing of the bar of the highest court of a state, the District of Columbia, the Commonwealth of Puerto Rico, the Territory of Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States, and have been engaged in the active practice of law for a period of at least five years;
• Be competent to perform all the duties of the office; be of good moral character; be emotionally stable and mature; be committed to equal justice under the law; be in good health; be patient and courteous; and be capable of deliberation and decisiveness;
• Be less than seventy years old; and
• Not be related to a judge of the district court.

A merit selection panel composed of attorneys and other members of the community will review all applicants and recommend to the district judges in confidence the five persons it considers best qualified. The court will make the appointment following an FBI full-field investigation and an IRS tax check of the applicant selected by the court for appointment. The individual selected must comply with the financial disclosure requirements pursuant to the Ethics in Government Act of 1978, Pub. L. No. 95-521, 92 Stat. 1824 (1978) (codified at 5 U.S.C. app. §§ 101-111) as implemented by the Judicial Conference of the United States. An affirmative effort will be made to give due consideration to all qualified applicants without regard to race, color, age (40 and over), gender, religion, national origin, or disability. The current annual salary of the position is $223,836. The term of office is eight years.

Application materials are available by clicking here (fillable Word document). Applications must be submitted only by applicants personally and must be received by January 31, 2024. If submitted by U.S. Mail, applications must be marked "Confidential" and addressed to:

Rory L. Perry II, Clerk of Court Robert C. Byrd United States Courthouse 300 Virginia Street East, Room 2400 Charleston, WV 25301

Applications may also be submitted electronically as a single PDF document by e-mailing to: [email protected] .

All applications will be kept confidential, unless the applicant consents to disclosure, and all applications will be examined only by members of the merit selection panel and the judges of the district court. The panel's deliberations will remain confidential.

National Public Data confirms massive data breach included Social Security numbers

Social security numbers, names, addresses, email addresses and phone numbers were in the 2.9 billion records within a data breach. security firm pentester.com tool tells you if your data is involved..

National Public Data, which aggregates data to provide background checks, has confirmed it suffered a  massive data breach  involving Social Security numbers and other personal data on millions of Americans.

The Coral Springs, Florida company posted on its website a notice that "there appears to a have been a data security incident that may have involved some of your personal information. The incident is believed to have involved a third-party bad actor that was trying to hack into data in late December 2023, with potential leaks of certain data in April 2024 and summer 2024."

News about the breach first came from a class action lawsuit filed in U.S. District Court in Fort Lauderdale, Florida, and first reported on by  Bloomberg Law . Stolen from National Public Data (NPD) were 2.9 billion records including names, addresses, Social Security numbers and relatives dating back at least three decades, according to law firm  Schubert, Jonckheer & Kolbe , which filed the suit.

NPD said the breached data included names, email addresses, phone numbers and mailing addresses, as well as Social Security numbers. The company said it is cooperating with investigators and has "implemented additional security measures in efforts to prevent the reoccurrence of such a breach and to protect our systems."

National Public Data breach: Why you should be worried about massive data breach and what to do.

Identity protection: How and why to freeze your credit

How to check to see if your Social Security number, data were in breach

Cybersecurity firm Pentester said it got the data and created a tool you can use to see if your information is in the breach – it shows names, addresses, address histories, and social security numbers. You will find it at npd.pentester.com .

Since financial institutions use Social Security numbers on applications for loans and credit cards and on investments, having that information that information available to threat actors poses a serious risk, Pentester.com cofounder Richard Glaser said in an advisory on the company website.

He also suggested freezing credit reports. "Names, addresses and phone numbers might change but your social security number doesn't," Glaser said.

Your wallet, explained. Sign up for USA TODAY's Daily Money newsletter.

Data breach: How to protect your credit

NPD also advised consumers to "closely monitor your financial accounts and if you see any unauthorized activity, you should promptly contact your financial institution." Consumers might want to get a credit report and get a fraud alert on their credit file, the company said.

Consumers should do more than that and freeze their credit report, Odysseas Papadimitriou, the CEO of personal finance site WalletHub, told USA TODAY. “Placing a fraud alert is not as effective as freezing your report," he said.

"A fraud alert is more of a heads up to lenders, which they can easily ignore. It doesn’t do much in practice," Papadimitriou said. "A freeze, on the other hand, stops fraud in its tracks by preventing identity thieves from opening accounts in your name.”

He and other security experts suggest consumers take that step because the personal data is likely in the hands of hackers.

The class action suit alleges it was cybercriminal group USDoD that accessed NPD's network and stole unencrypted personal information. Then, the group posted a database it said had information on 2.9 billion people on the dark web on about April 8, 2024 seeking to sell it for $3.5 million.

Follow Mike Snider on X and Threads:  @mikesnider  & mikegsnider .

What's everyone talking about? Sign up for our trending newsletter to get the latest news of the day

An official website of the United States government

Chief Human Resources Officer

The Chief Human Resources Officer (CHRO) serves as the senior executive responsible for administering the federal Judiciary's human resources (HR) program, provides leadership and vision for the Judiciary's HR programs, and oversees HR services for the 30,000 employees and judges that comprise the federal Judiciary nationwide.

• Accepting applications

Open & closing dates

08/07/2024 to 08/21/2024

$215,686 - $239,651 per year

Pay scale & grade

1 vacancy in the following location:

• Washington, DC

Telework eligible

Yes—Telework is permitted up to four days per pay period as per agency policy.

Travel Required

Occasional travel - You may be expected to travel for this position.

Relocation expenses reimbursed

Appointment type, work schedule, promotion potential, job family (series).

• 0201 Human Resources Management

Supervisory status

Security clearance.

Not Required

Financial disclosure

Bargaining unit status, announcement number.

24-DAS-12500902

Control number

This job is open to.

Current federal employees of this agency.

Clarification from the agency

This announcement is open to current and former employees of the federal judiciary.

• Leading and overseeing the work of the Human Resources Office with a diverse staff of approximately 100 total government employees.
• Overseeing a broad range of advisory and operational services directly supporting human resources activities in federal court units located throughout the nation, including policy interpretations, payroll administration, staffing and classification, benefits and retirement administration and education, judges' compensation and retirements programs, training, work force analysis, manpower modeling, recruitment, and employee engagement.
• Creating and monitoring performance metrics, supporting retirement and financial audits, assessing customer satisfaction, and implementing process improvements for all key services.
• Directing human resources activities in accordance with the laws, regulations, and policies governing federal Judiciary employment.
• Developing and managing a robust communications program to provide information to federal Judiciary employees, management, and judges in support of the human resources policies and programs.
• Efficiently and effectively planning and managing personnel funding, contracts, workspace, equipment, and other resources placed under the oversight of the office.
• Leading and participating in nation-wide projects and programs in which the Judiciary's human resources policies are considered.
• Serving as the principal advisor to the courts, federal judges, Judiciary officials, committees and subcommittees of the Judicial Conference of the United States, and advisory groups on all functions related to human resources.
• Representing and speaking on behalf of the AOUSC with senior officials of other government organizations and private organizations regarding significant human resources issues affecting the Judiciary.
• Working with court executives on strategic planning, agency operations, problem resolution, and development of new and innovative programs to support the AOUSC mission.
• Fostering and maintaining productive relationships with court executives and staff, federal judges, officials in the executive and legislative branches, and representatives of private industry.
• Monitoring the external environment and advising federal Judiciary leaders about changes in federal human resources policies and laws that may impact federal Judiciary personnel and judges.
• Serving as a thought leader regarding the strengths, weaknesses, opportunities, and risks to human resources management within the federal Judiciary.

Requirements

Conditions of employment.

• All information is subject to verification. Applicants are advised that false answers or omissions of information on application materials or inability to meet the following conditions may be grounds for non-selection, withdrawal of an offer of employment, or dismissal after being employed.
• Selection for this position is contingent upon completion of OF-306, Declaration of Federal Employment during the pre-employment process and proof of U.S. citizenship for competitive status positions or conversion to a competitive status position with the AO. If non-citizens are considered for hire into a temporary or any other position with non-competitive status or when it is confirmed by the AO Human Resources Office there are no qualified U.S. citizens for a competitive status position (unless prohibited by a law or statue), non-citizens must provide proof of authorization to work in the U.S. and proof of entitlement to receive compensation. Additional information on the employment of non-citizens can be found at USAJOBS Help Center | Employment of non-citizens / . For a list of documents that may be used to provide proof of citizenship or authorization to work in the United States, please refer to Form I-9, Employment Eligibility Verification .
• All new AO employees will be required to complete an FBI fingerprint-based national criminal database and records check and pass a public trust suitability check.
• New employees to the AO will be required to successfully pass the E-Verify employment verification check. To learn more about E-Verify, including your rights/responsibilities, visit https://www.e-verify.gov/ .
• All new AO employees are required to identify a financial institution for direct deposit of pay before appointment.
• You will be required to serve a trial period if selected for a first-time appointment to the Federal government, transferring from another Federal agency, or serving as a first-time supervisor. Failure to successfully complete the trial period may result in termination of employment.
• If appointed to a temporary position, management may have the discretion of converting the position to permanent depending upon funding and staffing allocation.

Qualifications

• Demonstrated experience in managing a complex human resources management organization and related programs, including workforce/staffing assessment ("work measurement"), classification, employee relations, performance management, benefits administration, compensation, employee development and training, human resources information systems, and strategic human capital planning. Experience must demonstrate knowledge of these programs and the impact on organizational objectives and performance goals, as well as sufficient analytical skills and knowledge of statistical concepts to aid in executive oversight.
• Demonstrated experience in managing a complex multi-level organization to include integrating organizational operations with the agency's strategic plan, mission, vision, values, and objectives.
• Ability to successfully meet customer expectations as evidenced by a proven track record of strong customer service orientation.
• Leading Change: This core qualification involves the ability to bring about strategic change, both within and outside the organization, to meet organizational goals. Inherent to this ECQ is the ability to establish an organizational vision and to implement it in a continuously changing environment. Leadership Competencies: Creativity & Innovation, External Awareness, Flexibility, Resilience, Strategic Thinking, Vision.
• Leading People: This core qualification involves the ability to lead people toward meeting the organization's vision, mission, and goals. Inherent to this ECQ is the ability to provide an inclusive workplace that fosters the development of others, facilitates cooperation and teamwork, and supports constructive resolution of conflicts. Leadership Competencies: Conflict Management, Leveraging Diversity, Developing Others, Team Building.
• Results Driven: This core qualification involves the ability to meet organizational goals and customer expectations. Inherent to this ECQ is the ability to make decisions that produce high-quality results by applying technical knowledge, analyzing problems, and calculating risks. Leadership Competencies: Accountability, Customer Service, Decisiveness, Entrepreneurship, Problem Solving, Technical Credibility.
• Business Acumen: This core qualification involves the ability to manage human, financial, and information resources strategically. Leadership Competencies: Financial Management, Human Capital Management, Technology Management.
• Building Coalitions / Communication: This core qualification involves the ability to build coalitions internally and with other Federal agencies, State and local governments, nonprofit and private sector organizations, foreign governments, or international organizations to achieve common goals. Leadership Competencies: Partnering, Political Savvy, Influencing/Negotiating.

Additional information

The AO is an Equal Opportunity Employer.

A career with the U.S. government provides employees with a comprehensive benefits package. As a federal employee, you and your family will have access to a range of benefits that are designed to make your federal career very rewarding. Opens in a new window Learn more about federal benefits .

Review our benefits

Eligibility for benefits depends on the type of position you hold and whether your position is full-time, part-time or intermittent. Contact the hiring agency for more information on the specific benefits offered.

How You Will Be Evaluated

You will be evaluated for this job based on how well you meet the qualifications above.

We will review your resume and supporting documentation and compare this information to your responses on the occupational questionnaire to determine if you meet the minimum qualifications for this job. If you meet the minimum qualifications for this job, we will evaluate your application package, to assess the quality, depth, and complexity of your accomplishments, experience, and education as they relate to the requirements listed in this vacancy announcement. You should be aware that your ratings are subject to evaluation and verification. If a determination is made that you have rated yourself higher than is supported by your resume and/or narrative responses, you will be assigned a rating commensurate to your described experience. Failure to submit the mandatory narrative responses will result in not receiving full consideration and/or rating credit. Deliberate attempts to falsify information may be grounds for not selecting you, withdrawing an offer of employment, or dismissal after being employed.

As a new or existing federal employee, you and your family may have access to a range of benefits. Your benefits depend on the type of position you have - whether you're a permanent, part-time, temporary or an intermittent employee. You may be eligible for the following benefits, however, check with your agency to make sure you're eligible under their policies.

• Resume - Any written format you choose to describe your job-related qualifications.
• MTQ Narrative - Statement addressing the MTQs
• Current or former career AOES/SES members - Provide a copy of your AOES/SES appointment SF-50 (Notification of Personnel Action), and an SF-50 showing current career AOES/SES status or reinstatement eligibility.
• Applicants who have successfully completed an OPM approved SES Candidate Development Program (CDP) - Submit a copy of your CDP certification.
• ECQ Narrative - A narrative response as part of the application package for each of the following ECQs is mandatory for all applicants who are not current or former career AOES/SES members, and/or completed an OPM approved CDP.
• Citizenship - Include country of citizenship on resume.
• Current or former Federal Civilian employees - All applicants outside of the AO must submit a copy of your latest SF-50 (Notification of Personnel Action)to verify current or former Federal employment status.
• Veterans Preference documentation - Certificate of Release or Discharge from Active Duty (DD Form 214), if applicable Application for 10-Point Veteran Preference (SF-15) and an official statement, dated 1991 or later, from the Department of Veterans Affairs or from a branch of the Armed Forces, certifying to the veteran's present receipt of compensation.

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Disney backtracks on request to toss wrongful death suit over Disney+ agreement

Rachel Treisman

Disney wants a wrongful death lawsuit thrown out because the plaintiff had Disney+

The husband of a New York doctor who died shortly after dining at a Disney Springs restaurant last year has accused Walt Disney Parks and Resorts of negligence in a lawsuit. John Raoux/AP hide caption

After a doctor suffered a fatal allergic reaction at a Disney World restaurant last year, Disney tried to get her widower's wrongful death lawsuit tossed by pointing to the fine print of a Disney+ trial he signed up for years earlier.

The entertainment giant initially urged a Florida circuit court to move the matter into arbitration, based on the terms and conditions of the streaming service that Jeffrey Piccolo acknowledged when he signed up in 2019.

Piccolo is representing the estate of his late wife, Kanokporn Tangsuan, a doctor at New York's NYU Langone hospital who died of an allergic reaction while visiting the Florida resort in October.

Now, the California-based company says it won't push for arbitration after all, but rather will agree to see the matter move ahead in court.

"At Disney, we strive to put humanity above all other considerations," Josh D'Amaro, chairman of Disney Experiences, said in a statement.

"With such unique circumstances as the ones in this case, we believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss."

Disney is in the processing of filing its withdrawal with the court, the company said.

Restaurant chosen for its safety promises about food allergies

The couple, along with Piccolo's mother, went to dinner on the night of Oct. 5 at Raglan Road Irish Pub, a restaurant located within a shopping and dining complex called Disney Springs.

In Florida, there's détente in the battle between Disney and Gov. Ron DeSantis

Tangsuan was "highly allergic" to dairy and nuts, and they chose that particular restaurant in part because of its promises about accommodating patrons with food allergies, according to the lawsuit filed in a Florida circuit court.

The complaint details the family's repeated conversations with their waiter about Tangsuan's allergies. The family allegedly raised the issue upfront, inquired about the safety of specific menu items, had the server confirm with the chef that they could be made allergen-free and asked for confirmation "several more times" after that.

"When the waiter returned with [Tangsuan's] food, some of the items did not have allergen free flags in them and [Tangsuan] and [Piccolo] once again questioned the waiter who, once again, guaranteed the food being delivered to [Tangsuan] was allergen free," the lawsuit reads.

The three of them ate and then went their separate ways: Piccolo brought the leftovers to their room, while his wife and mother headed for the stores. After about 45 minutes, Tangsuan "began having severe difficulty breathing and collapsed to the floor."

FDA warns top U.S. bakery not to claim foods contain allergens when they don't

She self-administered an epi-pen, and an observer called 911. The Piccolos, who had tried calling her multiple times, were eventually told she had been rushed to the hospital. They went to meet her and, after a period of waiting, were told that she had died.

"The medical examiner's investigation determined that [Tangsuan's] cause of death was as a result of anaphylaxis due to elevated levels of dairy and nut in her system," according to the lawsuit.

Piccolo filed suit in February against Raglan Road Irish Pub and Walt Disney Parks and Resorts U.S. Inc. (WDPR), accusing both companies of negligence for preparing Tangsuan's food improperly and for failing to train their employees to guarantee food was made allergen-free as requested.

He is seeking more than $50,000 in damages and trial by jury "on all issues so triable."

Disney initially said the case should be handled out of court because Piccolo created a streaming account

In late May, Disney's lawyers filed a motion asking the circuit court to order Piccolo to arbitrate the case — with them and a neutral third party in private, as opposed to publicly in court — and to pause the legal proceedings in the meantime.

Arbitration is generally considered a more efficient and cost-effective method of resolving disputes than litigation, and Disney said explicitly in court documents that the "main benefit of arbitration is avoiding heavy litigation costs."

The reason it said Piccolo should have been compelled to arbitrate? A clause in the terms and conditions he signed off on when he created a Disney+ account for a monthlong trial in 2019.

Family files lawsuit in case of teen who died after eating spicy chip

Those terms of use — which users must acknowledge to create an account — state that "any dispute between You and Us, Except for Small Claims, is subject to a class action waiver and must be resolved by individual binding arbitration."

Disney said Piccolo agreed to similar language again when purchasing park tickets online in September 2023. Whether he actually read the fine print at any point, it added, is "immaterial."

"Piccolo ignores that he previously created a Disney account and agreed to arbitrate 'all disputes' against 'The Walt Disney Company or its affiliates' arising 'in contract, tort, warranty, statute, regulation, or other legal or equitable basis,'" the motion read, arguing the language is broad enough to cover Piccolo's claims.

Piccolo's lawyers said Disney's claims are "outrageously unreasonable"

In early August, Piccolo's lawyers filed a response slamming Disney's rationale as "preposterous," bordering "on the surreal" and "fatally flawed for numerous independent reasons."

"There is simply no reading of the Disney+ Subscriber Agreement which would support the notion that Mr. Piccolo agreed to arbitrate claims arising from injuries sustained by his wife at a restaurant located on premises owned by a Disney theme park or resort which ultimately led to her death," they wrote in the 123-page filing.

They confirmed that he did create a Disney+ account on his PlayStation in 2019, but he believes he canceled the subscription during the trial because he hasn't found any charges associated with it after that point.

Piccolo's lawyers accused the company of trying to deprive Tangsuan's estate of its right to a jury trial.

The streaming wars bring a new discounted bundle: Disney+, Hulu and Max

"The notion that terms agreed to by a consumer when creating a Disney+ free trial account would forever bar that consumer's right to a jury trial in any dispute with any Disney affiliate or subsidiary, is so outrageously unreasonable and unfair as to shock the judicial conscience, and this Court should not enforce such an agreement," they wrote.

Piccolo's lawyers also took issue with the process itself, saying Disney didn't raise its alleged right to arbitration early enough in the proceedings.

They further note that Piccolo didn't bring the lawsuit as an individual, but on behalf of Tangsuan's estate, which did not sign off on any such terms. There was no such estate at the time, since Tangsuan was still alive.

FDA approves a drug to treat severe food allergies, including milk, eggs and nuts

"[Disney] does not explain how it is possible for Mr. Piccolo individually to bind an Estate that did not exist, which is not surprising as there is not a single authority in Florida that would support such an inane argument," they said.

The arbitration provision, they added, could present a problem for more than just their own client.

"In effect, WDPR is explicitly seeking to bar its 150 million Disney+ subscribers from ever prosecuting a wrongful death case against it in front of a jury even if the case facts have nothing to with Disney+," they wrote.

Both sides will get to make their case in front of a judge before long. The court has scheduled a hearing on Disney's motion for Oct. 2.

Editor’s note: Disney+ is among NPR's financial sponsors.

NPR's Joe Hernandez contributed to this story.

• food allergies
• The Walt Disney Company