Sep 26, 2022

Whistleblower can be sued for breach of NDA

A federal contractor’s claim that a whistleblower breached a nondisclosure agreement, or NDA, by disclosing the company’s confidential information to media outlets has survived dismissal. The contractor alleged that the whistleblower’s disclosures caused it reputational and financial harm. The whistleblower argued that the contractor hadn’t stated a claim for breach of contract and that th[...]

May 16, 2022

Whistleblower retaliation suit by vet proceeds

A whistleblower’s retaliatory termination suit against her former employer has survived dismissal, but the judge limited her allegations to those presented in her complaint to the Office of the Inspector General, or OIG. The veterinarian plaintiff alleged that her government contractor employer terminated her in retaliation for her formal complaint that the company mistreated dogs, […]

Nov 8, 2021

Messenger protected: Two courts, two opinions on Bowman claim for whistleblowers

Despite a contrary earlier opinion from a federal court, a Hanover County circuit judge says employees can sue for tort damages claiming they were fired for blowing the whistle on safety problems. The Oct. 22 ruling by Judge Patricia Kelly highlights the uncertainty of the law on common law wrongful termination claims based on Virginia […]

Judge Norman Moon
Sep 6, 2021

Nurse has claims after getting fired

A nurse claiming she was fired for raising concerns about her hospital’s refusal to accept certain patients has a whistleblower claim under the Emergency Medical Treatment and Labor Act, a federal judge in Lynchburg has ruled. The nurse also has a state-law Bowman claim for dismissal in violation of a public policy, the judge found. […]

Jul 26, 2019

Virginia woman among Suboxone whistleblowers

A Midlothian woman is among several former medical industry whistleblowers who expect to be rewarded from a record-setting settlement involving the marketing of a narcotic drug designed to ease withdrawal for opioid addicts. The original maker of the medication Suboxone is paying $1.4 billion to avoid prosecution and resolve various claims that it oversold the […]

Jan 17, 2019

Whistleblower pleading standard clarified by court

Direct evidence of government payment and receipt of fraudulent services must be alleged at the pleading stage for a qui tam action to survive a motion to dismiss, the 4th U.S. Circuit Court of Appeals has ruled. Despite this, a former United Airlines employee and government whistleblower’s case has been sent back to the district […]

Mar 19, 2018

WDVA: Medicare fraud allegations lack specificity

An employee accusing her former employer of Medicare fraud through misreporting of services provided didn’t provide sufficient detail, either of the fraudulent behavior itself or her alleged notice to the employer. Background Plaintiff Kimberly Branscome, a physical therapy assistant, brings this action against her former employer, Defendant Blue Ridge Home Health Services, as well as […]

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