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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[...]
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, […]
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 […]
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. […]
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 […]
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 […]
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 […]
Verdicts & Settlements
- Jury reaches defense verdict in $4M med mal action
- Dental hygienist tripped, fractured right wrist, foot — $190,000 settlement
- Couple contracted Hepatitis A after dining at restaurant — $5.5M settlement
- Elderly man suffers hip fracture after attack by neighbor’s dog — $350,000 settlement
- Motorcyclist injured when vehicle abruptly changed lanes — $300,000 verdict
- Passenger ejected from car in high-speed chase crash — $685,000 settlement
- Defense verdict reached in fraud suit
- 8-year-old killed in crash involving tractor-trailer — $1,100,000 settlement
- Plaintiff conceived child after vasectomy — $250,000 settlement
- Delay in diagnosis of ectopic pregnancy led to surgery — $283,432.18 settlement
- Golfer stepped in sinkhole, fractured ankle — $442,000 verdict
- Jury sides with woman injured in rear-end collision — $300,000 verdict
Viewpoint
- The promise and peril of artificial intelligence in patent law
- Keys to becoming an unfrazzled lawyer
- Confused about federal COVID-19 emergencies ending? You’re not alone
- Generative AI in law: New survey of lawyer perspectives and plans
- Four misconceptions about appeals
- Font choice exposes fabricated document
- USPTO launches first-time filer expedited exam pilot program
- In times of crisis, the ‘tug of war’ is over
- The ever-evolving Fourth Circuit
- Federal protections for pregnant, nursing employees coming
- It’s time for employers to embrace the ‘Big Quit’ and adapt
- Tell the whole truth? I’ll do better than that
Polls
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