Attorney Mathew B Tully's Legal Cases

Employment and labor

Johnson v. Dept of Justice

Dec 03, 2025

OUTCOME: Win for client

Represented a former Federal Correctional Officer who was wrongfully arrested, convicted, and incarcerated for a crime she did not commit. As a result of the wrongful conviction, she was removed from f ... ederal service and lost her career, pay, and benefits. Following extensive litigation before the Merit Systems Protection Board, we successfully challenged the agency’s actions and secured relief on behalf of the client, including reinstatement-related remedies and substantial back pay and benefits. https://www.mspb.gov/decisions/nonprecedential/Johnson_Dana_R_PH-0752-23-0093-X-1__Final%20Order.pdf

Appeals

Schenectady County Socy. for the Prevention of Cruelty to Animals, Inc. v Mills, 74 AD3d 1417 (2012)

Sep 01, 2017

OUTCOME: Highest Court in New York State sided with Tully's client

Orally argued and won this appeal before the highest Court in New York State. The facts dealt with a Freedom of Information Act request that was unlawfully denied. Tully donated all legal fees from t ... his case to the SPCA so they could protect animals.

Criminal defense

Jackson v. United States, 543 U.S. 1103 (U.S. 2005)

Jul 27, 2017

OUTCOME: Tully wins a reversal at the United States Supreme Court

The United States Supreme Court vacated the prior judgment upholding defendant’s sentence and remanded the matter to the court for reconsideration of defendant’s sentence in light of Booker.

Employment and labor

Collins v. Department of the Agriculture, 91 MSPR 490494-95 (2002)

Jan 02, 2017

OUTCOME: Tully wins landmark employment law case

Filed an appeal alleging that while employed by the Department of the Agriculture he was charged military leave even on non-work days which caused him to use annual, sick, or leave without pay to perf ... orm military duties from 1989 -2000. Based on USERRA, the agency was ordered to correct its records and to pay appellant the back pay that was owed.

Employment and labor

Erickson v. United States Postal Service, 2011 U.S. App. LEXIS 3815 (Fed. Cir. February 28, 2011

Feb 28, 2011

OUTCOME: Tully wins appeal and client gets backpay and benefits

USERRA case involving a retired Army Special Forces Sergeant Major who was unlawfully terminated from his position at the United States Postal Service

Appeals

Pucilowski v. Department of Justice, 498 F.3d 1341 (Fed. Cir. 2007)

Dec 15, 2008

OUTCOME: Tully wins appeal at the United States Court of Appeals for the Federal Circuit

Alexander F. Pucilowski Jr., a federal corrections officer and federal air marshal contended he was erroneously charge for military leave from 1989 to 2002 while in the National Guard. Court said a ser ... ies of its recent rulings on military leave pay cases, including Hernandez, has signaled its view that the Uniformed Services Employment and Reemployment Rights Act should be interpreted liberally to the benefit of guardsmen and reservists. This case resulted in more favorable military leave pay determinations by the U.S. Merit Systems Protection Board toward federal employees who are also in the National Guard or military reserve.

Employment and labor

Hernandez v. Dep't of the Air Force, 2006-3375

Aug 27, 2007

OUTCOME: Tully wins appeal at the Merit Systems Protection Board (MSPB)

Obtained appeal decision from the Merit Systems Protection Board that the board should overturn its original decision and could adjudicate claims of USERRA violations prior to the statute’s enactment i ... n 1994. Jose D. Hernandez, a retired aircraft mechanic for the Air Force contended he was erroneously charged for leave time from 1980 to 2001. Hernandez was granted the petition and the original decision was vacated.

Mathew B Tully's Legal Cases (7)

Johnson v. Dept of Justice

Schenectady County Socy. for the Prevention of Cruelty to Animals, Inc. v Mills, 74 AD3d 1417 (2012)

Jackson v. United States, 543 U.S. 1103 (U.S. 2005)

Collins v. Department of the Agriculture, 91 MSPR 490494-95 (2002)

Erickson v. United States Postal Service, 2011 U.S. App. LEXIS 3815 (Fed. Cir. February 28, 2011

Pucilowski v. Department of Justice, 498 F.3d 1341 (Fed. Cir. 2007)

Hernandez v. Dep't of the Air Force, 2006-3375