The Fall 2014 Intermountain Round Up – Recent Developments in False Claims Act and Whistleblower Cases in the Intermountain West

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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:

  1. 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.
  2. 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.
  3. 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. 
  4. 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.