Frank R. Gerber

Frank R. Gerber, Esq., an Associate in Tully Rinckey PLLC’s Buffalo office, exclusively handles Butterbaugh and O’Farrell claims for federal employees.

Prior to joining Tully Rinckey PLLC, Frank was an Associate Attorney at Krompier & Tamn, L.L.C. in  Parsippany, N.J., where he worked on numerous aspects of medical malpractice litigations including, but not limited to, document review, retention of expert witnesses, motion practice, oral argument, and trial preparations.

An associate attorney and, previously a law clerk at the Law Offices of Antonietta L. Milelli in Morristown, N.J., Frank successfully worked in all stages of litigation, including, client intake, generation of pleadings, discovery, motions, settlement negotiations, trial and collections.

Frank obtained his undergraduate degree from Montclair State University in New Jersey and his law degree, cum laude, from Ave Maria School of Law in Naples, Florida.

In Butterbaugh, the Federal Circuit ruled that federal agencies improperly charged military leave prior to December 2000 because the agencies counted non-working, weekend days within the 15 days allotted to paid military time. As a result, agencies were required to compensate those employees who had to use personal annual leave to fulfill their military obligations.

In O’Farrell v. Department of Defense, the United States Court of Appeals, Federal Circuit, ruled in February, 2018 that Michael O’Farrell, Jr. was entitled to 22 additional days of paid military leave from the Department of Defense for serving at the U.S. Navy’s Naval Surface War Center (NSWC) in 2013.

The ruling in O’Farrell, on the heels of Butterbaugh, paves the way for federal employees who served in the military after September 11, 2001 to receive additional paid military leave from their agencies. If you, a family member or a federal employee you know may be entitled to compensation due to improperly withheld military leave, contact Tully Rinckey PLLC at or

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