Alan F. Haeuser v. Department of Law, Government of Guam, Civil Service of Guam

This case requires us to consider both the timing and the nature of our review of a decision of the Supreme Court of Guam. Specifically, this case presents the following issues: (1) whether a petitioner must at that time seek our review of a decision by the Supreme Court of Guam when that decision remands the case to the trial court for further substantive determinations, and (2) whether our review of a decision of the Supreme Court of Guam under 48 U.S.C. § 1424-2 requires us to give a degree of deference to a conclusion by the Supreme Court that the trial court erred in its factual findings.

Petitioner Alan F. Haeuser seeks review of a judgment denying him back pay despite his wrongful termination from a position with the Department of Law, Government of Guam (“Department”). The trial court initially found that Haeuser fulfilled his duty to mitigate damages and awarded back pay, but the Guam Supreme Court concluded that this factual finding was clearly erroneous and reversed the award. On remand, the trial court entered a judgment denying Haeuser back pay, and this judgment was affirmed by the Guam Supreme Court.

Haeuser contends that there was sufficient evidence in the…