It’s the “Anti-Retaliation Edition” apparently since all of the updates involve issues under the anti-retaliation section of the False Claims Act. Here’s what has happened around the Intermountain West over the past few months:
- The District of Arizona ruled that Dodd-Frank’s prohibition on compelled arbitration for certain anti-retaliation claims does not extend to anti-retaliation claims under the False Claims Act.
- A whistleblower may be protected by the FCA’s anti-retaliation provision even where she fails to successfully state a claim under the False Claims Act.
- The Animal Legal Defense Fund successfully persuaded the District of Idaho that its claim that the anti-retaliation provision of the False Claims Act (as well as other federal whistleblower protection laws) preempt Idaho’s Ag Gag law was ripe for adjudication.
- The District of Colorado found that a paralegal’s complaints that her employer was withholding key documents in response to a Department of Justice subpoena in an FCA case did not constitute protected activity under the FCA’s anti-retaliation provision.