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Category Archives: State-Specific Whistleblower Claims

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Ninth Circuit Takes Broad View of Protected Activity under the California Whistleblower Protection Act

By Steven J. Pearlman, Pinchos Goldberg and David Gobel on Posted in State-Specific Whistleblower Claims
On October 20, 2022, the Ninth Circuit reversed in part a grant of summary judgment in favor of an employer, finding that the district court misapplied the substantive law of California in holding that Plaintiff’s disclosures to his supervisor and to a third-party contractor did not constitute protected activity under the California Whistleblower Protection Act. … Continue Reading

Florida District Court Limits Scope of Protected Activity under the FCA

By Lloyd B. Chinn, Pinchos Goldberg and Dixie Morrison on Posted in False Claims Act, State-Specific Whistleblower Claims
On March 29, 2022, the U.S. District Court for the Southern District of Florida held that in order to engage in protected conduct under the False Claims Act (“FCA”), a plaintiff must specifically suspect that their employer has made a false claim for payment to the federal government; vague suspicions of fraud or misuse of … Continue Reading

New York Department of Labor Issues Required Posting for Expanded Whistleblower Protection Law

By Laura Fant and Allan Bloom on Posted in State-Specific Whistleblower Claims
The New York State Department of Labor (NYSDOL) has issued a form of required notice regarding the dramatically expanded whistleblower protections under New York Labor Law § 740 that took effect last month. As we previously reported, the expanded law – which took effect on January 26, 2022 – significantly bolsters protections for private-sector workers … Continue Reading

CA Supreme Court: Contributing-Factor Standard Applies to Whistleblower Retaliation Claims

By Steven J. Pearlman, Pinchos Goldberg and Morgan Peterson on Posted in State-Specific Whistleblower Claims
On January 27, 2022, the California Supreme Court settled an inconsistency that has divided the courts of appeal with respect to the proper evidentiary standard for whistleblower retaliation claims under California Labor Code section 1102.6.  It ruled that the “contributing-factor” standard applies.  Lawson v. PPG Architectural Finishes, Inc., No. S266001, __ P.3d __, 2022 WL … Continue Reading

New York’s Whistleblower Protection Law Is Dramatically Expanded

By Lloyd B. Chinn, Pinchos Goldberg and Eric Novak on Posted in Legislation, State-Specific Whistleblower Claims
On October 28, 2021, New York Governor Kathy Hochul signed into law a bill dramatically expanding New York’s whistleblower statute, New York Labor Law § 740, which is scheduled to take effect on January 26, 2022.  S4394A/A.5144A. The Previous Whistleblower Law New York Labor Law § 740, which was enacted in 1984, was designed to … Continue Reading

Whistleblower Claims on the Horizon Amid COVID-19 Pandemic

By Steven J. Pearlman, Lloyd B. Chinn, Harris Mufson, Pinchos Goldberg and Caroline Guensberg on Posted in Best Practices, OSHA Administration, State-Specific Whistleblower Claims
In recent weeks, there have been numerous widely reported incidents of employees, particularly those in the health care industry, claiming that they have been retaliated against for reporting health and safety concerns related to COVID-19.  Such complaints are indicative of the kinds of whistleblower and retaliation claims employers are likely to see in the near … Continue Reading

Ill. Federal Court Grants Summary Judgment on Whistleblower Retaliation Claims

By Steven J. Pearlman and Edward Young on Posted in State-Specific Whistleblower Claims
On September 27, 2019, the U.S. District Court for the Northern District of Illinois granted a defendant-employer summary judgment on a whistleblower retaliation claim under the Illinois Whistleblower Act (“IWA”) and on a common law retaliatory discharge claim, holding that Plaintiff failed to establish that he suffered an adverse employment action under the IWA and … Continue Reading

Ill. Supreme Court Affirms Dismissal of Ill. Whistleblower Act and Retaliatory Discharge Claims

By Steven J. Pearlman and Caralyn M. Olie on Posted in State-Specific Whistleblower Claims
On May 23, 2019, the Illinois Supreme Court issued a ruling in Roberts v. Board of Trustees of Community College District No. 508, reaffirming the pleading standards for both common law retaliatory discharge and “refusal-to-participate” claims the Illinois Whistleblower Act (“IWA”) (740 ILCS § 174/1). Background.  In 2015, Plaintiff was employed as Director of Medical … Continue Reading

Expansive Amendments to New York Whistleblower Protection Law Introduced

By Lloyd B. Chinn and Pinchos Goldberg on Posted in Legislation, State-Specific Whistleblower Claims
On April 29, 2019, Assemblyman Michael Benedetto introduced Assembly Bill A7384, which would amend and significantly expand New York’s whistleblower statute, N.Y.L.L. §§ 740, 741.  The identical Senate version of this bill, Senate Bill S3683, was introduced by Senator Brad Hoylman on February 12, 2019.  The proposed amendments aim to bolster whistleblower protections for employees … Continue Reading

Minnesota Federal Court Rejects Employer’s Attempt to Litigate State-Law Whistleblower Claim in Federal Forum

By Lloyd B. Chinn and Andrew Sherwood on Posted in State-Specific Whistleblower Claims
On March 11, 2019, a federal court in Minnesota rejected an employer’s attempt to litigate a plaintiff’s state-law whistleblower claim in a federal forum, ruling it was insufficient that the plaintiff alleged violations of federal regulations because the narrow exception to federal-question jurisdiction was not present.  Martinson v. Mahube-Otwa Cmty. Action P’ship, Inc., No. 18-cv-03001. … Continue Reading

Chicago Federal Court Rejects Retaliatory Discharge Claim Due To Existence Of SOX Whistleblower Claim

By Steven J. Pearlman and Alex Weinstein on Posted in SOX Whistleblower Decisions, State-Specific Whistleblower Claims
On April 23, 2018, the U.S. District Court for the Northern District of Illinois ruled that a plaintiff’s SOX claim precluded his claim for common law retaliatory discharge.  Cohen v. Power Solutions International, Inc., No. 17-cv-4385. Plaintiff, a COO, claimed that in early 2016, he became suspicious of the Company’s financial dealings and believed the Company … Continue Reading

Mississippi Federal Court Denies Summary Judgment on SOX Whistleblower Claim

By Steven J. Pearlman and Brett Schwab on Posted in SOX Whistleblower Decisions, State-Specific Whistleblower Claims
On February 12, 2018, the United States District Court for the Northern District of Mississippi recently denied a motion for summary judgment in a SOX whistleblower claim where the defendant company alleged that it terminated the plaintiff pursuant to a reduction-in-force (RIF). Hendrick v. ITT Engineered Valves, LLC, No. 16-cv-204. Background. Plaintiff began working as … Continue Reading

Court Precludes Parallel Cause of Action Where CEPA Violations Are Plead

By Steven J. Pearlman and Annabel Pollioni on Posted in State-Specific Whistleblower Claims
On January 30, 2018, the U.S. District Court for the District of New Jersey granted Defendant Public Service Electric & Gas Co.’s motion to dismiss a New Jersey common law wrongful termination claim in a whistleblower retaliation suit after finding that once discovery closes, a plaintiff may not continue pursuing a wrongful termination claim under … Continue Reading

Missouri Court of Appeals Upholds $1.5 Million Whistleblower Jury Verdict

By Steven J. Pearlman and Allison Martin on Posted in State-Specific Whistleblower Claims
On January 22, 2018, the Missouri Court of Appeals upheld a jury verdict awarding approximately $1.5 million in damages to a radiation oncologist after finding that she had been constructively and wrongfully terminated in violation of Missouri law (specifically, “Missouri public policy”) in retaliation for reporting alleged instances of substandard medical treatment and fraud. Kim … Continue Reading

Portland Jury Awards $1 Million to Whistleblower

By Steven J. Pearlman and Alex Weinstein on Posted in State-Specific Whistleblower Claims
On January 17, 2018, a Portland, Oregon jury issued a verdict of $1 million in damages to a former employee who alleged that his employer retaliated against him for reporting misconduct. Zweizig v. Northwest Direct Teleservices, Inc., 15-cv-02401 (D. Or. 2018). Plaintiff worked for Defendant from 2001 to 2003. After his employment was terminated, he … Continue Reading

E.D. Virginia Tosses Dodd-Frank Whistleblower Claim for Lack of SEC Complaint

By Steven J. Pearlman and Brett Schwab on Posted in Dodd Frank, SEC, State-Specific Whistleblower Claims
The U.S. District Court for the Eastern District of Virginia recently granted a Rule 12(b)(6) motion to dismiss a Dodd-Frank whistleblower retaliation claim brought by an ex-project manager, finding that Plaintiff failed to allege that her protected activity involved any disclosures to the SEC.  Smith v. Raytheon Co., No. 17-cv-00438 (E.D. Va. Aug. 11, 2017).… Continue Reading

Purported Whistleblower Barred from Pursuing Illinois Retaliatory Discharge Claim

By Steven J. Pearlman and Amanda Wiley on Posted in Dodd Frank, SOX Whistleblower Decisions, State-Specific Whistleblower Claims
The Northern District of Illinois recently dismissed an Indiana-based employee’s claims for retaliatory discharge in violation of common law pursuant to Illinois public policy, focusing on the nature of the connection (or lack thereof) to Illinois and noting that the plaintiff possessed adequate statutory remedies under federal whistleblower laws.  O’Risky v. Mead Johnson Nutrition Co., … Continue Reading

Third Circuit Revives In-House Attorney’s Whistleblower Claim

By Steven J. Pearlman and Brett Schwab on Posted in State-Specific Whistleblower Claims
On July 25, 2017, the Third Circuit allowed a plaintiff who was an in-house attorney to proceed with a whistleblower retaliation lawsuit under the New Jersey Conscientious Employee Protection Act (CEPA) based on its conclusion that CEPA protects attorneys from being discharged for refusing to violate Rules of Professional Conduct. Trzaska v. L’Oreal USA, Inc., … Continue Reading

N.D. Illinois Dismisses Illinois Whistleblower Act Claim

By Steven J. Pearlman and Alex Weinstein on Posted in State-Specific Whistleblower Claims
The U.S. District Court for the Northern District of Illinois recently granted a Rule 12(b)(1) and (6) motion to dismiss a former employee’s complaint alleging retaliation under the Illinois Whistleblower Act (“IWA”).  Huang v. Fluidmesh Networks, LLC, No. 16-cv-9566 (N.D. Ill. July 18, 2017). Background.  Plaintiff was a Supply Chain and Manufacturing Manager for Defendant.  … Continue Reading

N.D. Illinois Dismisses Dodd-Frank Whistleblower Claim For Lack Of Complaint To The SEC

By Steven J. Pearlman and Edward Young on Posted in Dodd Frank, SEC, State-Specific Whistleblower Claims
On June 7, 2017, the U.S. District Court for the Northern District of Illinois dismissed a whistleblower retaliation claim under the Dodd-Frank Act because the plaintiff failed to report his complaint of alleged securities violations to the SEC. Martensen v. Chicago Stock Exchange, Case No. 17-cv-1494 (N.D. Ill.) (Shadur, J.) Plaintiff worked as a supervisor … Continue Reading

Jury Rejects Whistleblower Claim By Former SpaceX Employee

By Harris Mufson and Susan McAleavey on Posted in State-Specific Whistleblower Claims
On June 7, 2017, a California jury returned a 9-3 verdict, dismissing whistleblower claims brought by a former Space Exploration Technologies Corporation (“SpaceX”) employee.  Jason Blasdell v. Space Exploration Technologies Corp. et al., Case No. BC 615112 (Cal. Super., LA County). Jason Blasdell, who was employed as an Avionics Test Technician by SpaceX, a space … Continue Reading

Third Circuit Revives In-House Attorney’s Whistleblower Claim

By Steven J. Pearlman, Harris Mufson and McKenzie A. Wilson on Posted in Dodd Frank, False Claims Act, SEC, SOX Whistleblower Decisions, State-Specific Whistleblower Claims
On April 12, 2017, the Third Circuit partially revived a former in-house attorney’s whistleblower retaliation lawsuit against his previous employer.  Danon v. Vanguard Group, Inc., No. 16-cv-2881. Plaintiff, a former in-house tax lawyer, previously raised retaliation claims against the Company in New York State Court under the New York False Claims Act, alleging he was … Continue Reading

Florida Private Sector Whistleblower Must Show Actual Violation of Law

By Steven J. Pearlman and Jurate Schwartz on Posted in Associational Retaliation, State-Specific Whistleblower Claims
The Middle District of Florida recently held that to establish a prima facie case under the Florida Private Whistleblower Act (FWA), § 448.102(3), Fla. Stat., a plaintiff must show an actual violation of a law, rule or regulation. Graddy v. Wal–Mart Stores E., LP, No. 5:16-CV-9-OC-28PRL (M.D. Fla. Feb. 14, 2017).… Continue Reading

Proskauer Represents Employer Against Former Executive Found Liable for Snooping on Boss’s and Others’ Emails

By Lloyd B. Chinn and Jurate Schwartz on Posted in Computer Fraud and Abuse Act, Employee Document/Data Theft, State-Specific Whistleblower Claims, Stored Communications Act
A former employee of the upscale outdoor furniture designer and manufacturer Brown Jordan recently failed in his bid to pursue whistleblower retaliation claims against the company and also found himself liable for snooping on his boss’s (and other’s) emails. A three-judge panel of the Eleventh Circuit recently affirmed the District Court’s summary judgment for the employer … Continue Reading
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