Headlines

By Jo Bennett In a precedential decision, the Third Circuit Court of Appeals held that the “but-for” standard applies in retaliation cases filed under the False Claims Act (FCA). The False Claims Act prohibits retaliation against employee whistleblowers who engage in protected activity.  Under the FCA, the Third Circuit noted, […]

By Scott J. Wenner and Rebecca Lacher In the first appellate decision to address the Federal Rail Safety Act (FRSA) burden-shifting standard, since the law was amended in 2007, the Court of Appeals for the Third Circuit applied the employee-plaintiff friendly two-part test first established to adjudicate whistleblowing claims in […]