Whistleblower Law Blog

SCOTUS Rules Breach of Seal Requirement Doesn't Sink FCA Whistleblower Case

December 13, 2016
On Dec. 6, the Supreme Court of the United States decided State Farm Fire and Casualty Company v. U.S. ex rel. Rigsby, an important False Claims Act (FCA) case that could have a major impact on whistleblowers and their lawyers. The Court ruled 8-0 in favor of the whistleblowers, with Justice Kennedy writing the Court’s opinion...

Whistleblowers Awarded $29M for Reporting Massive Healthcare Fraud

December 8, 2016
The Justice Department announced in late October that it had entered into an agreement with Life Care Centers of America Inc. (Life Care) and its owner, Forrest L. Preston, under which Life Care will pay the DOJ $145 million to resolve allegations that the skilled nursing facility (SNF) chain violated the False Claims Act (FCA...

Seventh Circuit Interprets "Reasonable Belief" in FCA Retaliation Claim

November 17, 2016
Although the amendments to the 2009 Fraud Enforcement and Recovery Act (FERA) expanded the scope of the False Claims Act’s (FCA) retaliation protections, this expanded scope was of no help to Eric Uhlig in his recent suit against his employer. See United States ex rel. Eric Uhlig v. Fluor Corp, 2016 WL 5905714 (7th Cir. Oct. 11...

FRSA Case Could Have Big Impact on Future Whistleblower Claims

November 15, 2016
The Administrative Review Board (ARB) of the Department of Labor (DOL) issued a remarkable decision for whistleblowers in late September, clarifying the evidence on which whistleblowers may rely in proving their cases and the causation standard by which whistleblower retaliation claims should be evaluated. The decision came in...

Truck Driver Receives Win from ARB in STAA Whistleblower Case

November 9, 2016
On August 30, the Administrative Review Board (ARB) decided Dick v. Tango Transport, ruling in favor of the whistleblower – a truck driver for Tango Transport named Curtis Dick – and reinforcing the strength of whistleblower protections critical to the safety of the commercial trucking industry. Case Background Curtis Dick...

D.C. Circuit Case Could Redefine Employment Relationship Among Joint Employers

November 3, 2016
The U.S. Court of Appeals for the District of Columbia will soon decide whether the National Labor Relations Board (NLRB) has adopted the correct standard for determining that two business entities are joint employers for purposes of the National Labor Relations Act (NLRA). The Board has clarified that the correct test is...

SOX Whistleblower Case Reflects Trend Toward Increased Protections

October 25, 2016
Employees who believe they’ve spotted fraud or other violations of the law at their workplaces are often afraid to report these violations to their supervisors or to government agencies. While they may know about legal protections for whistleblowing, it is often more challenging for employees to determine if they are observing...

Jury Awards $250,000 in Punitive Damages in Railroad Whistleblower Case

October 18, 2016
On Sept. 15, a jury in the U.S. District Court for the Southern District of New York issued a $250,000 punitive damages award against Amtrak in a whistleblower retaliation case brought by two Amtrak employees under the Federal Railroad Safety Act (FRSA). The punitive damages award of $125,000 each for two plaintiffs far...

Politics in the Workplace: What Are Your Protections?

October 18, 2016
In an article published today for Law360, partner Debra Katz and I explained the surprising state of the law surrounding protections for employees and restrictions on employers in issues involving politics in the workplace. Particularly in today’s incredibly contentious political climate, we thought that it was...

OSHA Issues New Guidelines to Stop Employers from Barring Whistleblowing

October 11, 2016
The Occupational Safety and Health Administration (“OSHA”) has issued new whistleblower-friendly guidelines regarding the approval of settlement agreements between employees and employers arising out of retaliation complaints. OSHA guidelines in this field are important to whistleblowers, as OSHA investigates and enforces...

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