Sixth Circuit Holds FCA Retaliation Applies Post-Termination
In Felten v. William Beaumont Hospital (6th Cir., No. 20-1002, March 31, 2021), Felten sued the employer hospital under the False Claims Act (“FCA”), alleging payment of kickbacks to physicians in exchange for Medicare and Medicaid referrals. He alleged...
“Manifest Disregard” Argument Fails in Fifth Circuit Court of Appeals
In Jones v. Michaels Stores, Inc., (5th Cir., No. 20-30428, 3/15/2021), Jones invoked arbitration with her employer after she was fired, alleging violations of the company handbook. The arbitrator dismissed her claim based on Jones’ status as an employee-at-will....
Off-Duty Conduct May Constitute Sexual Harassment – Tennessee Court of Appeals
In Phelps v. State of Tennessee, (Tenn. Ct. App., M.S., 3/10/21), Plaintiff Phelps brought an action for sexual harassment, discrimination, and retaliation under the Tennessee Human Rights Act (“THRA”) against her employer, the State of Tennessee. Plaintiff worked as...
“Hire Younger Tellers” – No Direct Evidence of Age Bias in Sixth Circuit
In Pelcha v. MW Bancorp and Watch Hill Bank, (6th Cir., No. 20-3511, 01/12/2021), employee Melanie Pelcha, age 47, was terminated from her employment on the recommendation of a new supervisor who had implemented a rule requiring employees to submit advance written...
No Appellate Jurisdiction for Review of Motion to Dismiss under FAA
In United States ex rel. Paul Dorsa v. Miraca Life Sciences (6th Cir. , No. 20-5007, 12/30/2020), Paul Dorsa filed suit against Miraca Life Sciences, Inc., alleging unlawful retaliation under the False Claims Act, and the U.S. government intervened. Miraca sought to...
Sixth Circuit Finds District Court Misapplied Diversity Jurisdiction under FAA
In Hale v. Morgan Stanley Smith Barney, LLC (6th Cir., No. 20-3412, 12/15/2020), the Sixth Circuit reversed and remanded the district court's dismissal of the plaintiff's petition to vacate an arbitrator's award. Hale had initiated arbitration against Morgan Stanley...