Articles Tagged with Whistleblower

Published on:

A federal court in Pennsylvania recently ruled that counterclaims against the whistleblower filed by the target of a whistleblower action can survive. The United States District Court for the Eastern District of Pennsylvania, in United States of America ex rel. Lorraine Notorfransesco v. Surgical Monitoring Association, Inc., et al. (Tucker, C.J.) has denied a motion by the whistleblower, Lorraine Notorfransesco, to dismiss counterclaims made by her former employer, Surgical Monitoring Association (“SMA”).  While the recent ruling seems to suggest that potential whistleblowers would be dissuaded from “blowing the whistle” for fear of being retaliated, the ruling is not exactly as controversial as it seems.

Continue reading →

Published on:

The SEC has flexed its (new…ish) muscles for the first time, penalizing Paradigm Capital Management Inc. in an enforcement action for retaliation against a whistleblower.

The Dodd-Frank Act prohibits retaliation against whistleblowers, specifically providing that “No employer may discharge, demote, suspend, threaten, harass, directly or indirectly, or in any other manner discriminate against, a whistleblower” because of certain whistleblowing activities.  15 U.S.C. §78u-6(h)(1).  The regulations (specifically, 17 C.F.R. §240.21F-2(b)(2)) provide for enforcement in an action brought by the SEC.

Continue reading →

Published on:

The United States continues to make great strides in whistleblower protection as the world super power recently made demands regarding protection on the world stage.  The United States was prompted into action as a result of United Nations officials taking retaliatory measures against a former United Nations employee who blew the whistle on a $500 million kickback as part of the construction of a power plant and coal mine in Kosovo.

US Steps up for Others in Whistleblower Protection

The United States continues to make great strides in whistleblower protection as the world super power recently made demands regarding protection on the world stage.  The United States was prompted into action as a result of United Nations officials taking retaliatory measures against a former United Nations employee who blew the whistle on a $500 million kickback as part of the construction of a power plant and coal mine in Kosovo. Continue reading →
Published on:

Another day, another whistleblower claim, as increased action continues on qui tam front.  A bus driver named Robert Dukin drove for the Mount Olive school district from 2007 to 2010 but he claims he was let go for reporting unsafe working conditions of his vehicle.  Dukin v. Mount Olive Twp. Bd. of Ed. came about as a result of a number of events…

Bus Driver Whistleblower

Another day, another whistleblower claim, as increased action continues on qui tam front.  A bus driver named Robert Dukin drove for the Mount Olive school district from 2007 to 2010 but he claims he was let go for reporting unsafe working conditions of his vehicle.  Continue reading →
Published on:

The False Claims Act has long stood as the benchmark in legislation to both protect and inform the whistleblower. (For a deeper explanation of the False Claims Act, see the previous post regarding it)  Since the expansion of the law through recent…

2013 Proves Great for Whistleblowers

The False Claims Act has long stood as the benchmark in legislation to both protect and inform the whistleblower. Continue reading →
Published on:

by Edward Kang and Michael Chiumento, Clerk

Discovery to be Coordinated in Massive $11 Billion Whistleblower Suit

Discovery should be coordinated in two qui tam cases filed against Education Management Corp., or EDMC, an education company…

U.S. District Judge Terrence McVerry of the Western District of Pennsylvania has ruled that discovery should be coordinated in two qui tam cases filed against Education Management Corp., or EDMC, an education company based out of Pittsburgh.  Two former recruiters of the massive campus manager which runs over 100 campuses nationwide allege that EDMC violated the Higher Education Act in using incentives to college recruiters based upon how many students they were able to draw.  Continue reading →

Published on:

by Edward Kang & Michael Chiumento, Clerk

Modern day application of the False Claims Act falls into a variety of fields and categories which all merit usage under their respective terms when applicable.  One specific claim that seems to be having its usage expanded is a reverse false claim.  Unlike typical false claims where a person can incur liability by receiving a payment… Continue reading →

Contact Information