Whistleblower Watch

Whistleblower Watch

Reports and Analysis of Developments in Whistleblower Law

Category Archives: State Whistleblower Laws

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California State Whistleblower Claim Nets $30 Million Anti-Kickback Settlement from Life Sciences Company

Posted in State Whistleblower Laws
Life sciences companies continue to be the focus of whistleblower actions, not just on the federal level, but on the state level as well. Bristol-Myers Squibb (“BMS”) recently agreed to pay the State of California $30 million to resolve allegations stemming from a whistleblower lawsuit alleging that it paid illegal kickbacks to physicians.  The settlement… Continue Reading

“Watch List” Update: Third Circuit Avoids Opining on Protection of Internal Whistleblowers

Posted in Dodd-Frank Act (Dodd-Frank), State Whistleblower Laws, Whistleblower Retaliation
The Third Circuit Court of Appeals recently issued its decision in Safarian v. American DG Energy Inc., a case we have been watching closely. Although the trial court sidestepped the issue, the SEC had filed an amicus curiae brief asking the Third Circuit to hold that the Dodd-Frank Act covers whistleblowers who report their concerns… Continue Reading

“Watch List” Update: New Jersey Supreme Court Says “Watchdog” Employees Can Be CEPA Whistleblowers; No Special Requirements Imposed

Posted in State Whistleblower Laws, Whistleblower Retaliation
The New Jersey Supreme Court recently ruled that “watchdog” employees should be treated like all other employees under the state’s Conscientious Employee Protection Act (CEPA). In Lippman v. Ethicon, Inc., a case we reported on in January, the New Jersey Supreme Court upheld an intermediate appellate court’s decision that employees with compliance-related job duties, or… Continue Reading

“Watch List” Update: New Jersey Whistleblowers Can Be Prosecuted for Taking Documents

Posted in State Whistleblower Laws, Whistleblower Retaliation
On Tuesday, the New Jersey Supreme Court issued its decision in State v. Saavedra, holding that a whistleblower can face criminal charges for taking sensitive documents from her employer to support her discrimination and retaliation lawsuit. As we have discussed before, Ivonne Saavedra, a former North Bergen Board of Education employee, took hundreds of confidential… Continue Reading

Maryland Legislature Passes Revised State False Claims Act

Posted in State Whistleblower Laws, Whistleblower Retaliation
On Wednesday, the Maryland House of Delegates voted 89 to 51 to pass the Maryland False Claims Act, which will greatly expand Maryland’s false claims law beyond its current limited application to healthcare-related false claims, such as Medicaid fraud. The Act will now allow individuals who have knowledge of any false claims made to Maryland… Continue Reading

New York Attorney General Announces Plans for New State Whistleblower Law

Posted in State Whistleblower Laws, Whistleblower Retaliation
On February 27, New York State Attorney General Eric Schneiderman announced that before the end of the current legislative session in June, he plans to introduce the Financial Frauds Whistleblower Act in the New York State Assembly. The bill would create a new state-level program to reward individuals who report fraud or other financial misconduct… Continue Reading

“Watch List”: New Jersey Supreme Court to Consider Whether Whistleblower Suit Preempted by LMRA

Posted in State Whistleblower Laws
The New Jersey Supreme Court just granted a petition for certification in a case in which it should decide whether Section 301 of the Labor Management Relations Act (LMRA) preempts a claim brought be a putative whistleblower under the New Jersey Conscientious Employee Protection Act (CEPA). The appellate court upheld the trial court’s grant of… Continue Reading

“Watch List”: New Jersey Supreme Court Considers Scope of CEPA Protections For “Watchdog” Employees

Posted in State Whistleblower Laws, Whistleblower Retaliation
The New Jersey Supreme Court heard oral argument earlier this week that will likely define the scope of protections for “watchdog” employees under New Jersey’s Conscientious Employee Protection Act (CEPA). In Lippman v. Ethicon, Inc., a New Jersey appellate court overturned a superior court decision granting summary judgment to Ethicon on Lippman’s claim that he… Continue Reading

“Watch List”: New Jersey Supreme Court Considers Appeal of Indictment of Whistleblower Who Stole Cache of Confidential Documents to Support Claims

Posted in State Whistleblower Laws
Employers and the plaintiff’s bar eagerly await the decision of the New Jersey Supreme Court after it recently heard oral argument in an appeal of the state’s indictment against Ivonne Saavedra for criminal theft after she took more than 300 documents to support her civil lawsuit under the New Jersey Conscientious Employee Protection Act (CEPA).… Continue Reading